http://www.legislation.gov.uk/nisr/2012/257The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012texttext/xmlenStatute Law DatabaseROAD TRAFFIC AND VEHICLES2024-05-15Expert Participation2022-03-17 These Regulations implement the requirements of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (“the 2010 Act”) with regard to the determination of applications for operator licences and to give effect in Northern Ireland to Regulation (EC) No. 1071/2009 of 21 October 2009 (“Regulation 1071/2009”) which establishes common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repeals Council Directive 96/26/EC. The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012reg. 1The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019reg. 7(2)reg. 1(1) 2012 No. 257Road Traffic And VehiclesThe Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012Made28th June 2012Coming into operation1st July 2012The Department of the Environment makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .The Department of the Environment has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the carriage of goods by road.In accordance with section 57(11) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 the Department has consulted such representative organisations as it thinks fit.PART1<Addition ChangeId="key-9d5c386d44bb3f83596d28d379ba74cc-1659945526708" CommentaryRef="key-9d5c386d44bb3f83596d28d379ba74cc">Preliminary provisions</Addition>Citation, commencement and interpretation11These Regulations may be cited as the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 and shall come into operation on 1st July 2012.2The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.3In these Regulations—“the 2010 Act” means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ; “the Department” means the Department for Infrastructure; “ the 2010 Act ” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; “transport service” means the use of a goods vehicle for which an operator’s licence is required under section 1 of the 2010 Act (operators’ licences); “other relevant person” means in the case of an individual, an employee or agent of the individual and in the case of a company means any officer, agent or employee of the company.4Expressions used in Regulation 1071/2009 have the same meaning when used in these Regulations.<Addition ChangeId="key-64e16c86363ee019ba651d910a2c6d5c-1659947429950" CommentaryRef="key-64e16c86363ee019ba651d910a2c6d5c">Transitional provisions</Addition>1AThe Schedule (which contains transitional provisions) has effect.Competent authority2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authorisations to pursue the occupation of road transport operator3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Notification of changes to data4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART2<Addition ChangeId="key-66200d447828c1a16a6ad35d07a888b8-1659945812816" CommentaryRef="key-66200d447828c1a16a6ad35d07a888b8">Provisions relating to the 2010 Act</Addition><Addition ChangeId="key-66200d447828c1a16a6ad35d07a888b8-1659945812816" CommentaryRef="key-66200d447828c1a16a6ad35d07a888b8">Effective and stable establishment</Addition><Addition ChangeId="key-66200d447828c1a16a6ad35d07a888b8-1659945812816" CommentaryRef="key-66200d447828c1a16a6ad35d07a888b8">Determination of effective and stable establishment in Northern Ireland</Addition>4A1A person has an effective and stable establishment in Northern Ireland under section 12A(2)(a) of the 2010 Act if the person satisfies, or will satisfy on the issuing of an operator’s licence, the requirements set out in paragraph (2).2The requirements are that the person—ahas premises in Northern Ireland at which the person—iis able to access, in electronic or any other form, the originals of the person’s core business documents; andiicarries out effectively and continuously, with appropriate equipment and facilities, the administration of the person’s transport service;bhas access to one or more goods vehicles that are authorised to be used under the person’s operator’s licence;chas at a place or places in Northern Ireland—ia number of goods vehicles referred to in sub-paragraph (b) that is proportionate to the national or international transport operations carried out from each place; andiia number of drivers that is proportionate to the number of goods vehicles operating from that place;dhas, if required under the Value Added Tax Act 1994 (c. 23) to charge value added tax on the supply of the person’s transport service, a VAT registration number;eis within the charge to income tax or corporation tax under the Tax Acts on income generated through the person’s transport service; andfis, if a company, a company within the meaning given in section 1(1) of the Companies Act 2006 (c. 46).3In paragraph (2)—“core business documents” includes—contracts relating to the transport service;documents relating to the goods vehicles authorised to be used under the person’s operator’s licence;accounting documents;personnel management documents;employment contracts;national insurance documents;documents containing data—on the dispatching and posting of drivers; andrelating to journeys, driving time and rest periods;any other document the Department may require to verify a person’s compliance with any requirement or obligation imposed by or under the 2010 Act;“VAT registration number” means the number allocated by the Commissioners for Her Majesty’s Revenue and Customs to a person registered under the Value Added Tax Act 1994 (c. 23).<Addition ChangeId="key-66200d447828c1a16a6ad35d07a888b8-1659945812816" CommentaryRef="key-66200d447828c1a16a6ad35d07a888b8">Good repute</Addition> <Substitution ChangeId="key-086601ccbeba33a1dfef498df37ab0fe-1659953859887" CommentaryRef="key-086601ccbeba33a1dfef498df37ab0fe">Determination of good</Substitution> repute51In determining whether an individual is of good repute under section 12A(2)(b) of the 2010 Act or regulation 13A(1)(b) , the Department may have regard to any matter but shall, in particular, have regard to—aany convictions or penalties incurred by the individual or any other relevant person; andbany other information in its possession which appears to the Department to relate to the individual's fitness to hold a licence.2In determining whether a company is of good repute under section 12A(2)(b) of the 2010 Act , the Department shall have regard to all the material evidence including, in particular—aany convictions or penalties incurred by the company, company employees or any other relevant person; andbany other information in its possession as to the previous conduct of the company or any other relevant person if that conduct appears to the Department to relate to the company's fitness to hold a licence.3For the purposes of these Regulations, any convictions or penalties incurred by any person include —aany conviction or penalty incurred by that person of an offence under the law of any part of the United Kingdom or any corresponding offence under the law of any country or territory outside the United Kingdom;bany conviction of that person of a serious offence within the meaning given in regulation 7; andcany conviction of that person of a road transport offence within the meaning given in regulation 8.Determination that an individual is not of good repute6Without prejudice to the generality of the Department's power under regulation 5 to determine that a person is not of good repute, the Department shall determine that an individual is not of good repute if that individual has—abeen convicted of a serious offence; orbbeen convicted of road transport offences.Serious Offences71A person has a conviction of a “serious offence” if—athat person has been convicted of any offence under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom; andbon such conviction there was imposed on that person for that offence a punishment falling within paragraph (2).2The punishments are—aa sentence of imprisonment for a term exceeding three months;ba fine exceeding level 4 on the standard scale;ca community service order or community payback order requiring a person to perform work for more than 60 hours; anddin the case of an offence committed under the law of a country or territory outside the United Kingdom, any punishment corresponding to those mentioned in sub-paragraphs (a) to (c).3In paragraph (2) —athe reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health;b“community service order” means an order under Article 13 of the Criminal Justice (Northern Ireland) Order 1996 ; andc“community payback order” means an order under section 227A of the Criminal Procedure (Scotland) Act 1995 .Road Transport offences8“Road transport offence” means—aan offence under the law of any part of the United Kingdom relating to road transport including, in particular—ian offence relating to drivers' hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; andiiany other offence concerning professional liability;bany corresponding offence under the law of a country or territory outside the United Kingdom.Further provisions for the purposes of regulations 5 to 89 1 For the purposes of regulations 5 to 8—aconvictions which are spent for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be disregarded; andbthe Department may also disregard an offence—iif such time as the Department thinks appropriate has elapsed since the date of the conviction; oriiif the Department, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response.2In determining the good repute of a transport manager under regulation 13A(1)(b) regulations 5 to 9 shall apply as they apply to an individual with the omission of the words “or any other relevant person”.<Addition ChangeId="key-24bcb091d5969dcd5df69328aa3d9455-1659947582427" CommentaryRef="key-24bcb091d5969dcd5df69328aa3d9455">Appropriate financial standing</Addition><Addition ChangeId="key-24bcb091d5969dcd5df69328aa3d9455-1659947582427" CommentaryRef="key-24bcb091d5969dcd5df69328aa3d9455">Determination of appropriate financial standing</Addition>9A1An operator has appropriate financial standing under section 12A(2)(c) of the 2010 Act if the operator is able to demonstrate that it has at its disposal at all times capital and reserves—afor goods vehicles authorised to be used under a heavy goods vehicle licence, of—i£8,000 for the first heavy goods vehicle;ii£4,500 for each additional heavy goods vehicle; andiii£800 for each light goods vehicle (if any); orbfor goods vehicles authorised to be used under a light goods vehicle licence, of—i£1,600 for the first light goods vehicle; andii£800 for each additional light goods vehicle.2The operator must demonstrate appropriate financial standing—aon the basis of the operator’s annual accounts if certified by a qualified auditor; orbby producing other evidence to the satisfaction of the Department that the operator has, in the name of the operator, the necessary capital and reserves, such as—ia bank guarantee;iia document issued by a financial institution establishing access to credit; oriiiany other binding document.3In this regulation—“operator” means an applicant for, or a holder of, an operator’s licence in relation to which appropriate financial standing is required under section 12A(2)(c) of the 2010 Act;“qualified auditor” means a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.<Addition ChangeId="key-24bcb091d5969dcd5df69328aa3d9455-1659947582427" CommentaryRef="key-24bcb091d5969dcd5df69328aa3d9455">Professional competence</Addition>Professional Competence10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-70620feba6bdb9bd5de6aa64c3675cf3-1659947728652" CommentaryRef="key-70620feba6bdb9bd5de6aa64c3675cf3">Determination of professional competence</Addition><P1 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11" id="regulation-11"><Pnumber>11</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/1" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/1" id="regulation-11-1"><Pnumber>1</Pnumber><P2para><Text>An individual shall be regarded as professionally competent <Addition ChangeId="key-41d02a2a1a43c28cf8748564887d0de4-1659955344740" CommentaryRef="key-41d02a2a1a43c28cf8748564887d0de4">under section 12A(3)(a)(i) of the 2010 Act or regulation 13A(1)(c)</Addition> if, and only if—</Text><P3 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/1/a" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/1/a" id="regulation-11-1-a"><Pnumber>a</Pnumber><P3para><Text>that person has demonstrated that they possess the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/1/b" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/1/b" id="regulation-11-1-b"><Pnumber>b</Pnumber><P3para><Text>that person is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Department.</Text></P3para></P3></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/2" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/2" id="regulation-11-2"><Pnumber>2</Pnumber><P2para><Text>The approved body may exempt an individual from certain parts of the examination mentioned in paragraph (3)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this paragraph by the Department.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/3" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/3" id="regulation-11-3"><Pnumber>3</Pnumber><P2para><Text>The written examination mentioned in paragraph (3)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to Regulation 1071/2009.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/11/4" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/11/4" id="regulation-11-4"><Pnumber>4</Pnumber><P2para><Text>In this regulation—</Text><UnorderedList Decoration="none"><ListItem><Para><Text>“approved body” mentioned in paragraph (4) means—</Text></Para><OrderedList Type="alpha" Decoration="parens"><ListItem NumberOverride="a"><Para><Text>a body approved by the Secretary of State for the purposes of paragraph 13(3) of Schedule 3 to the Goods Vehicles (Licensing of Operators ) Act 1995 <CommentaryRef Ref="c21300771"/>; or</Text></Para></ListItem><ListItem NumberOverride="b"><Para><Text> <Substitution ChangeId="key-6a0e0a5abd1e0b0198e0f4b126e7716d-1630062612139" CommentaryRef="key-6a0e0a5abd1e0b0198e0f4b126e7716d">a body approved by the Department for Infrastructure for the purposes of </Substitution><Substitution ChangeId="key-6a0e0a5abd1e0b0198e0f4b126e7716d-1630062612139" CommentaryRef="key-6a0e0a5abd1e0b0198e0f4b126e7716d"><Substitution ChangeId="key-7ab108b7877a31ffbded05c19df9f588-1659955390823" CommentaryRef="key-7ab108b7877a31ffbded05c19df9f588">this regulation</Substitution></Substitution><Substitution ChangeId="key-6a0e0a5abd1e0b0198e0f4b126e7716d-1630062612139" CommentaryRef="key-6a0e0a5abd1e0b0198e0f4b126e7716d"> ; and</Substitution> </Text></Para></ListItem></OrderedList></ListItem><ListItem><Para><Text>“<Term id="term-the-requisite-skills">the requisite skills</Term>” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to Regulation 1071/2009 in the subjects there listed.</Text></Para></ListItem></UnorderedList></P2para></P2></P1para></P1></P1group><P1group RestrictStartDate="2022-03-17"><Title/><P1 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/12" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/12" id="regulation-12"><Pnumber><CommentaryRef Ref="key-76882a188c076833c085282a090370a4"/>12</Pnumber><P1para><Text>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</Text></P1para></P1></P1group><P1group RestrictStartDate="2022-03-17"><Title/><P1 DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/regulation/13" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/regulation/13" id="regulation-13"><Pnumber><CommentaryRef Ref="key-86e1418a5c9a8acbc25c67d5cb26c2e8"/>13</Pnumber><P1para><Text>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</Text></P1para></P1></P1group><Pblock DocumentURI="http://www.legislation.gov.uk/nisr/2012/257/part/2/crossheading/transport-manager" IdURI="http://www.legislation.gov.uk/id/nisr/2012/257/part/2/crossheading/transport-manager" NumberOfProvisions="1" RestrictStartDate="2022-03-17" id="part-2-crossheading-transport-manager"><Title><Addition ChangeId="key-47b5f9d2163c534bb047dedd54e185b9-1659947792118" CommentaryRef="key-47b5f9d2163c534bb047dedd54e185b9">Transport manager</Addition><Addition ChangeId="key-47b5f9d2163c534bb047dedd54e185b9-1659947792118" CommentaryRef="key-47b5f9d2163c534bb047dedd54e185b9">Requirements for transport manager</Addition>13A1A transport manager must be—aa resident of the United Kingdom;bof good repute (as determined in accordance with regulations 5 to 9);cprofessionally competent (as determined in accordance with regulation 11); anddable to manage effectively and continuously the operator’s transport service.2An individual designated under section 12A(3)(a)(ii) of the 2010 Act, in addition to meeting the requirements set out in paragraph (1), must be—athe operator;ban employee, director, owner, or shareholder of the operator; orcany other individual the Department is satisfied has a genuine link to the operator.3An individual designated under section 12A(3)(b) of the 2010 Act, in addition to meeting the requirements set out in paragraph (1), must—abe a party to a transport management contract linking the individual to the operator;bbe able to—iexercise the individual’s responsibilities as a transport manager independently of the operator; andiiperform the tasks set out in the transport management contract solely in the interests of the operator; andcnot be, subject to paragraph (4), at the same time designated under—isection 12A(3)(a)(ii) or (b) of the 2010 Act in relation to any other operator’s licence; oriiany corresponding law of England and Wales or Scotland in relation to a Great Britain-issued licence.4If the Department considers it appropriate, the Department may allow an individual to be designated in relation to an operator’s licence despite paragraph (3)(c) provided the individual is designated in relation to no more than four operators’ licences or Great Britain-issued licences authorising the use of a combined total fleet of no more than 50 motor vehicles or vehicle combinations.5In this regulation—“Great Britain-issued licence” means a licence issued under the law of England and Wales or Scotland that is equivalent to an operator’s licence;“the operator” means the person who designated the individual under section 12A(3)(a)(ii) or (b);“transport management contract” means a contract that—indicates the individual’s responsibilities as a transport manager; andspecifies the tasks the individual is to perform as a transport manager for the operator, including those relating to—vehicle maintenance;vehicle management;verification of contracts and documents relating to the transport service;basic accounting;the assignment to drivers and vehicles of transport services; andthe verification of safety procedures.Issue of notice to transport manager141The Department shall not make a finding that a transport manager is not of good repute unless the Department is satisfied that the transport manager has been served with a notice—astating that the question whether the transport manager is of good repute is an issue;bsetting out the nature of the allegations against the transport manager;cstating that the transport manager is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on them; anddstating that the transport manager is entitled to request an inquiry as provided in section 32 of the 2010 Act.2Where a transport manager makes representations under this paragraph, the Department shall consider the representations—ain considering whether or not to hold an inquiry as provided in section 32 of the 2010 Act; andbin determining whether the transport manager is of good repute.3The Department must hold an inquiry as provided in section 32 of the 2010 Act if the transport manager requests one under paragraph (1)(d).Determinations in respect of transport managers151In determining whether a person who is a transport manager is of good repute, the Department must consider whether a finding that the person was no longer of good repute would constitute a disproportionate response.2If the Department determines that the person is no longer of good repute, the Department must order the person to be disqualified (either indefinitely or for such period as the Department thinks fit) from acting as a transport manager.3While a disqualification under paragraph (2) is in force—athe person may not act as transport manager in relation to any operator’s licence ;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4A person in respect of whom an order has been made under paragraph (2) may appeal to the Upper Tribunal against the order.5The Department may direct that an order under paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.6If the Department refuses to give a direction under paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.7Regulation 9 applies for the purposes of this regulation as it applies for the purposes of regulations 5 to 8.Transport managers: cancellation or variation of disqualification order161Where a disqualification order is made under regulation 15(2) the Department may, subject to paragraphs (1A) and (2), at any time cancel the order or, with the consent of the disqualified person, vary the order. 1AIf the disqualification order was made because the Department determined that the disqualified person ceased to be of good repute, the order may be cancelled—anot before the end of the period of one year beginning with the day on which the order was made; andbonly if the disqualified person has, after the order was made—ipassed the written examination referred to in regulation 11(1)(a); oriifor no less than three months undertaken training the Department considers appropriate. 2When a disqualification order is made under regulation 15(2) the Department may specify measures with which the disqualified person must comply before the order can be cancelled or varied.3Measures specified under paragraph (2) may be varied—aon the application of the disqualified person; orbby the Department.4Before making a variation under paragraph (3)(b), the Department must serve a notice on the disqualified person—astating the Department's intention to vary the measures specified under paragraph (2);bstating that the person is entitled to make representations under paragraph (5) within 28 days beginning with the date on which the notice is served on the person; andcstating that the person is entitled to request an inquiry as provided in section 32 of the 2010 Act.5Where a person makes representations under this regulation, the Department must consider the representations in deciding whether to vary the measures specified under paragraph (2).6The Department must hold an inquiry as provided in section 32 of the 2010 Act if the disqualified person requests one under paragraph (4)(c).<Addition ChangeId="key-d19551474f2500617c0f0a3bbab606dc-1659946435245" CommentaryRef="key-d19551474f2500617c0f0a3bbab606dc">PART</Addition><Character Name="NonBreakingSpace"/><Addition ChangeId="key-d19551474f2500617c0f0a3bbab606dc-1659946435245" CommentaryRef="key-d19551474f2500617c0f0a3bbab606dc">3</Addition><Addition ChangeId="key-d19551474f2500617c0f0a3bbab606dc-1659946435245" CommentaryRef="key-d19551474f2500617c0f0a3bbab606dc">Amendments to the 2010 Act</Addition>Amendments to the 2010 Act171The 2010 Act is amended in accordance with paragraphs (2) to (17).2In section 1 (operators' licences) for subsection (4) substitute—4In subsection (2)(b) and (c), “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market..3In section 3 (temporary exemptions), omit subsection (4).4In section 11 (objections to, and representations against, issue of operators' licences)—ain subsection (1)(a), for “section 12” substitute “ sections 12A to 12E ”;bin subsection (11)—ifor “section 12” substitute “ sections 12A to 12E ”;iiin paragraph (a) for “subsections (3), (5) and (6) of that section” substitute “ sections 12A, 12C and 12D ”; andiiiin paragraph (b), for “subsections (4), (5) and (6) of that section” substitute “ sections 12B, 12C and 12D ”.5For section 12 substitute—Determination of applications for operators' licences121On an application for a standard licence the Department must consider—awhether the requirements of sections 12A and 12C are satisfied; andbif the Department thinks fit, whether the requirement of section 12D is satisfied.2On an application for a restricted licence the Department must consider—awhether the requirements of sections 12B and 12C are satisfied; andbif the Department thinks fit, whether the requirement of section 12D is satisfied.3Subsections (1) and (2) are subject to sections 10 (publication of application) and 47(2) (payment of application fee).4In considering whether any of the requirements of sections 12A to 12D are satisfied, the Department must have regard to any objection duly made under section 11(1)(a) in respect of the application.5If the Department determines that any of the requirements that it has taken into consideration in accordance with subsection (1) or (2) are not satisfied, it must refuse the application.6In any other case the Department must grant the application, unless either of the following provisions applies—asection 13(2) (power to refuse application on environmental grounds);bsection 47(2) (power to refuse to proceed until fee is paid).Requirements for standard licences12A1The requirements of this section are set out in subsections (2) and (3).2The first requirement is that the Department is satisfied that the applicant—ahas an effective and stable establishment in Northern Ireland (as determined in accordance with Article 5 of the 2009 Regulation);bis of good repute (as determined in accordance with regulations and Article 6 of the 2009 Regulation);chas appropriate financial standing (as determined in accordance with regulations and Article 7 of the 2009 Regulation); anddis professionally competent (as determined in accordance with regulations and Article 8 of the 2009 Regulation).3The second requirement is that the Department is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—ais of good repute (as determined in accordance with regulations and Article 6 of the 2009 Regulation);bis professionally competent (as determined in accordance with regulations and Article 8 of the 2009 Regulation); andcin the case of a transport manager designated under Article 4.2 of the 2009 Regulation—iis not prohibited from being so designated by the Department, andiiis not designated to act as transport manager for a greater number of road transport undertakings or in respect of a greater number of vehicles than the Department considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the Department considers appropriate in accordance with Article 4.3 of the 2009 Regulation.Requirements for restricted licences12BThe requirement of this section is that the applicant is not unfit to hold an operator's licence by reason of—aany matter of which particulars are required to be given under section 7; orbany event required to be notified in accordance with section 8(1).Requirements for standard and restricted licences12C1The requirements of this section are that it must be possible (taking into account the Department's powers under section 14(3) to issue a licence in terms that differ from those applied for) to issue a licence in relation to which subsections (2) to (6) will apply.2There must be satisfactory arrangements for securing that the following are complied with in the case of vehicles used under the licence—aArticle 56 of the Road Traffic (Northern Ireland) Order 1981 (drivers' hours); andbthe applicable Community rules, within the meaning of Article 2 of that Order.3There must be satisfactory arrangements for securing that vehicles used under the licence are not overloaded.4There must be satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition.5The licence must specify at least one place in Northern Ireland as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds).6The capacity of the place specified as an operating centre (if there is only one) or both or all of the places so specified taken together (if there is more than one) must be sufficient to provide an operating centre for all the vehicles used under the licence.7In considering whether the requirements of subsections (2) to (6) are satisfied, the Department may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.8In considering whether subsection (5) will apply in relation to a licence, the Department may take into account any conditions that could be attached to the licence under section 20(1)(a) (conditions of licences) and may assume that any conditions so attached will not be contravened.9In considering whether subsection (5) or (6) will apply in relation to a licence, the Department may take into account whether any proposed operating centre of the applicant would be used—aas an operating centre of the holders of other operators' licences as well as an operating centre of the applicant; orbby the applicant or by other persons for purposes other than keeping vehicles used under the licence.Further requirement for standard and restricted licences12DThe requirement of this section is that the provision of the facilities and arrangements for maintaining the vehicles in a fit and serviceable condition is not prejudiced by reason of the applicant's having insufficient financial resources for that purpose.Professional competence for restricted licence holders12EAs from such date as may be prescribed, section 12B shall have effect as if for the words “is not unfit” there were substituted “ is professionally competent as determined in accordance with section 12A(2)(d) and not otherwise unfit ”..6In section 14 (issue of operators' licences)—ain subsection (2)—ifor “subsection (5) or (6) of section 12” substitute “ section 12C or 12D ”;iifor “that section” substitute “ section 12 ”;bin subsection (4), for “section 12(8)” substitute “ section 12C(7) ”.7In section 16 (variation of operators licences), in subsection (6)(c), for “section 12” substitute “ sections 12 to 12E ”.8In section 21 (interim operators' licences)—aafter subsection (7) insert—7AA request for the issuing of an interim standard licence—ashall not be treated as an application for an operator's licence for the purposes of section 9,10,11,13,14(1) to (4), 34 or 35 or Schedule 1, butbshall be treated as such an application for the purposes of any other provision of this Act.;bin subsection (8), after “interim” insert “ restricted ”.9In section 24 (revocation of standard licences)—ain subsection (1), for the words from “the licence-holder” to the end, substitute—athe licence-holder no longer satisfies the requirements of section 12A(2), orbthe transport manager designated in accordance with Article 4 of the 2009 Regulation no longer satisfies the requirements of section 12A(3).;bomit subsection (2);cafter subsection (3), insert—3AA notice under section 26(1) which relates to a direction under subsection (1) may set a time limit, in accordance with Article 13.1 of the 2009 Regulation, for the licence-holder to rectify the situation.3BIf the licence-holder rectifies the situation within the time limit set under subsection (3A), the Department must not make the direction under subsection (1).;din subsection (4), for “subsection (4)” substitute “ subsections (3) to (3B) ”.10In section 25 (disqualification) in subsection (1), for “section 12” substitute “ sections 12 to 12E ”.11In section 32 (power of Department to hold inquiries)—ain subsection (1), at the end insert “ or the 2009 Regulation ”;bin subsection (2) for “section 23, 24 or 25” substitute “ this Act or the 2009 Regulation ”;cin subsection (3), after “this Act” insert “ or the 2009 Regulation ”;din subsection (4)—iin paragraph (b), after “this Act” insert “ or the 2009 Regulation ”;iiin paragraph (c), after “this Act” insert “ or the 2009 Regulation ”.12In section 33 (power of Department to appoint assessors), in subsection (1), after “this Act” insert “ or the 2009 Regulation ”.13In section 43 (evidence by certificate), in subsection (2), after paragraph (h) insert—hathat a person is by virtue of an order of the Department disqualified from acting as a transport manager, either indefinitely or for a specified period;.14In section 49 (certificates of qualification)—ain subsection (2)(b), for the words from “Article 8” to the end substitute “ Article 19, 20 or (as the case may be) 21 of the 2009 Regulation. ”;bin subsection (5), for “the 1996 Council Directive” substitute “ the 2009 Regulation ”.15In section 57 (Regulations) , in subsection (9) for “12(12)” substitute “ 12E ”.16In section 58(1) (general interpretation)—afor the definition of “the 1996 Council Directive” substitute—“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;;bin the definition of “international transport operations” and “national transport operations” for “the 1996 Council Directive” substitute “ the 2009 Regulation ”;cafter the definition of “statutory provision” insert—“transport manager” has the same meaning as in the 2009 Regulation;.17In Schedule 1 (transfer of operating centres) in paragraph 2—ain sub-paragraph (3)(c) for “section 12(5)(d)” substitute “ section 12C(5) ”;bin sub-paragraph (4) for “section 12(11)” substitute “ section 12(6) ”.Sealed with the Official Seal of the Department of the Environment on 28th June 2012Iain Greenway A senior officer of the
Department of the Environment
SCHEDULE<Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Transitional provisions</Addition>Regulation 1A<Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Provisions relating to the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022</Addition><Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Application of paragraphs 2 to 4</Addition>1Paragraphs 2 to 4 apply for the purposes of applying for, or holding, a light goods vehicle licence.<Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Department may exempt individual from professional competence requirement</Addition>2The Department may exempt an individual until the end of 20th May 2025 from the requirement under section 12A(3)(a)(i) of the 2010 Act or regulation 13A(1)(c) to be professionally competent if the Department is satisfied that the individual had, for ten years or more ending with 20th August 2020, continuously managed national or international transport operations as, for or on behalf of an undertaking that used only light goods vehicles.<Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Applying for professional competence exemption</Addition>31An individual, or a person acting on behalf of an individual, may, on or before 20th May 2024, apply to the Department for an exemption.2An individual (or person) who applies for an exemption must provide the Department with the information necessary for the Department to verify the individual’s management experience.3The Department may, beginning with the day after the day on which the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 were made, treat as an application any information submitted to the Department by an individual, or a person acting on behalf of an individual, before that day.<Addition ChangeId="key-88cf9ab72a94cb4c872bf71f442e7cfb-1659948166728" CommentaryRef="key-88cf9ab72a94cb4c872bf71f442e7cfb">Duration of professional competence exemption</Addition>4Despite regulation 11, the Department must regard as professionally competent until the end of 20th May 2025 an individual who is granted an exemption under paragraph 2.

(This note is not part of the Regulations)

These Regulations implement the requirements of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (“the 2010 Act”) with regard to the determination of applications for operator licences and to give effect in Northern Ireland to Regulation (EC) No. 1071/2009 of 21 October 2009 (“Regulation 1071/2009”) which establishes common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repeals Council Directive 96/26/EC.

Regulation 1071/2009 governs admission to, and pursuit of, the occupation of road transport operator. It requires road transport undertakings to have an effective and stable establishment in member states, be of good repute and have appropriate financial standing and the requisite professional competence and it specifies the conditions to be met to satisfy these requirements.

The Regulation provides for the enforcement of its provisions by requiring member states to designate one or more competent authorities to ensure its correct application, requiring undertakings to hold authorisations to engage in the occupation of road transport operator, and establishing the procedure for withdrawing authorisations and declaring transport managers unfit to manage transport activities. It also provides for appeals against adverse decisions, the establishment of national electronic registers of authorised undertakings, the protection of personal data, administrative cooperation between member states, the mutual recognition of certificates and member states to establish penalties for infringements.

Under regulation 2 of these Regulations the Department of the Environment (“the Department”) is designated as the Competent Authority for the purposes of Regulation 1071/2009. Regulation 3 provides that standard operator licences issued under the 2010 Act constitutes authorisations for the purposes of Regulation 1071/2009. Regulation 4 specifies a period of up to 28 days within which licensees are to notify changes in data for the purposes of Article 11.5 of Regulation 1071/2009 and provides for the Article to be enforced as if it was a licence condition.

Regulations 5 to 9 clarify how the Department will determine if a person is of good repute and what determines if a person is not of good repute.

Regulations 10 to 13 set out how an individual satisfies the Department that they are professionally competent.

Regulation 14 sets out the requirement for the Department to issue a notice to a transport manager before it makes a finding that the transport manager is not of good repute or is not professionally competent.

Regulation 15 deals with the determinations in respect of transport managers in regards to being no longer of good repute or professionally competent.

Regulation 16 deals with the cancellation or variation of a disqualification order.

Regulation 17 amends the 2010 Act to include:the replacement of section 12 (determination of applications for operators' licences) with new sections 12 to 12E to reflect the new conditions to apply to standard licence holders by virtue of Regulation1071/2009;the amendment of section 21 (interim licences) to allow interim operators' licences to constitute operators' licences for the purposes of the Act;the amendment of section 24 (revocation of standard licences) to incorporate the time limits allowed for rectification by Article 13 of the Regulation.

A Regulatory Impact Assessment has been prepared and copies are available from Transport Regulation Unit, Department of the Environment, Bedford House, 16 – 22 Bedford Street, Town Parks, Belfast BT2 7FD or viewed online at http://www.legislation.gov.uk/nisr.

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).S.I. 1996/ 266; to which there are amendments not relevant to these Regulations.1954 c.33 (N.I.)2010 c.2 (N.I.)S.I. 1996/3160 (N.I. 24)1995 c. 46S.I. 1978/1908 (N.I. 27)1995 c. 23Reg. 5 applied (1.7.2012) by The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/261), regs. 1, 27(12)(a)Words in reg. 1(3) inserted (18.2.2019) by The Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/6), regs. 1(1), 15Words in reg. 11(4) substituted (31.1.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)Pt. 1 heading and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 108Pt. 2 and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 112Pt. 3 heading and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 122Regs. 2-4 omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 111Reg. 1A inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 110Reg. 9A and cross-headings inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 115Reg. 11 cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 117(1)Reg. 13A and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 119Sch. inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 123Words in reg. 1(3) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 109(1)Words in reg. 1(4) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 109(2)Words in reg. 5 heading substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(1)Words in reg. 5(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(2)Words in reg. 5(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(3)Reg. 16(1A) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 121(2)Words in reg. 16(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 121(1) Reg. 9 renumbered as reg. 9(1)(17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(1)Reg. 9(1)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(2)Reg. 9(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(3)Reg. 10 omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 116Words in reg. 11(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 117(2)Words in reg. 11(4)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 117(3)Reg. 12 omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 118Reg. 13 omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 118Words in reg. 15(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 120(1)Reg. 15(3)(b) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 120(2)Reg. 15(7) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 120(3)