The Road Transport (Qualifications of Operators) (Amendment) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend Parts II, III and IV of the Transport Act (Northern Ireland) 1967 (“the 1967 Act”) to implement Council Directive 98/76/EC of 1st October 1998 (O.J. No. L277, 14th October 1998, page 17) amending Council Directive 96/26/EC of 29th April 1996 on admission to the occupation of road freight operator and road passenger transport operator in national and international transport operations (O.J. No. L124, 23rd May 1996, page 1).

The principal changes to the 1967 Act made by the Regulations are as follows:

(1) Sections 6A(2) and (3) and 28A(2) and (3) are amended so as to disapply the requirement that the person responsible for the operation of vehicles under a road service licence or a road freight operator’s licence must be in the full-time employment of the holder of the licence.

(2) A new section 7A has been inserted which will enable the Department to attach conditions requiring a road service licence holder to inform it of any changes which could affect the fulfilment of the requirements of good repute, financial standing and professional competence.

(3) Section 46A has been consolidated and divided into six sections.

(4) Subsection (2) of section 46B (good repute of road freight and road passenger transport operators) requires the Department to determine that an individual is not of good repute if he has –

(a) more than one conviction of an offence for which a sentence of imprisonment of more than 3 months, a fine exceeding level 4 on the standard scale or a community service order is imposed (“a serious offence”); or

(b) been convicted of offences in or outside the United Kingdom relating to road transport, and particularly in this context offences concerning the drivers' hours rules, the weights, dimensions and taxation of a commercial vehicle, road or vehicle safety, protection of the environment or professional liability (“road transport offences”).

(5) Subsection (2) of section 46C (financial standing of road freight and road passenger transport operators) specifies the minimum capital and reserves that must be available to an applicant for, or holder of, a road service licence or a road freight operator’s licence authorising the use of vehicles for international operations if he is to be considered to be of appropriate financial standing.

(6) Section 46D(1) (professional competence of road passenger transport operators), in relation to a road service licence, and section 46E(1) (professional competence of road freight operators), in relation to a road freight operator’s licence, specify that an individual shall only be regarded as professionally competent if he has passed a written examination (which may be supplemented by an oral examination) which demonstrates knowledge corresponding to the level of training provided for in the subjects listed in the new Annex I to Council Directive 96/26/EC.

(7) Section 46F contains a savings provision in relation to certificates of professional competence.

A number of provisions are revoked as a consequence of these Regulations (regulation 8).

Copies of the EC Directives referred to in these Regulations may be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.