The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012

PART 2 APPLICATIONS FOR OPERATORS’ LICENCES

Manner of making applications

3.—(1) Every application shall—

(a) be made on a form supplied by the Department and contain the information required by that form;

(b) be signed—

(i) if made by an individual, by that person;

(ii) if made by a firm, by all of the partners of that firm or by one of them with the authority of the others; and

(iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group;

(c) if made for the issue of a licence, state whether it relates to a standard licence or to a restricted licence and, if it relates to a standard licence, state whether the licence is to cover—

(i) both national and international transport operations; or

(ii) national transport operations only.

(2) A person applying for an operator’s licence shall give to the Department a statement—

(a) containing details of the motor vehicles required to be used under the licence and stating the number, type and registration mark of any vehicles and trailers proposed to be used under the licence; and

(b) containing the name and address of the operating centre of the applicant if the licence is issued.

(3) A person applying for an operator’s licence shall, if required by the Department to do so, give any of the information specified in paragraph 1 of Schedule 1.

(4) For the purposes of section 8(1) a prescribed event required to be notified to the Department is the occurrence and particulars of a notifiable conviction within the meaning given in paragraph 4 of Schedule 1.

(5) Without prejudice to paragraph (3), a person applying for an operator’s licence shall also, if required by the Department to do so, give such particulars as may be required with respect to the use which the applicant proposes to make, for vehicles used under the licence, of any referred to in the statement under paragraph (2)(a).

Time of applications

4.  Every application shall be sent to the Department so as to reach it not less than 9 weeks before the time at which the applicant desires the licence or variation applied for to take effect.

Dispensations as to applications

5.  The Department may consider an application notwithstanding that the requirement specified in regulation 4 has not been complied with.

Notice of applications

6.—(1) The manner in which a notice of any application for a licence as mentioned in section 9 or for a variation as mentioned in section 16 is published by the Department is that a summary of the application which adequately specifies the subject matter of the application shall be published in Applications and Decisions as mentioned in regulation 19.

(2) The notice of an application to be published in accordance with section 10 or 17 shall give the information specified in Schedule 2.

Restrictions on applications

7.—(1) The Department may decline to proceed with an application for a licence if it appears to it that the grant of that application would lead to a contravention of section 7(2).

(2) The Department may decline to proceed with an application if and so long as it appears to it that the application relates to any motor vehicle which is specified in an existing licence, and the grant of that application would lead to a contravention of section 4(7).

Inspection of applications

8.—(1) The Department shall, until an application has been determined, make available for inspection—

(a) to any person authorised to make the inspection by a District Council, a Northern Ireland Department, the Chief Constable or a trade union or association specified in regulation 9, such part of the application (or the whole of it) as any such person in writing requests to see; and

(b) to any person who is, by virtue of section 11(4) or 18(2)(b) entitled to make representations in respect of the application, or a person authorised by such a person to make the inspection on their behalf, such part of the application as is, in the opinion of the Department, relevant to the representation.

(2) The Department shall, during the currency of a licence, make a copy of it available for inspection by any person who appears to the Department to have reasonable grounds for making such an inspection.

(3) The Department shall satisfy its obligation under paragraph (1)—

(a) by making the application or, as the case may be, part of it, available for inspection at an office specified by the Department; or

(b) on prior receipt of its expenses in that behalf, by posting a copy of the application or, as the case may be, part of it, to the address given for that purpose by the person wanting to make the inspection.

(4) The Department shall satisfy its obligation under paragraph (2)—

(a) by making a copy of the licence or, as the case may require, part of it, available for inspection at an office specified by the Department; or

(b) on prior receipt of its expenses in that behalf, by posting a copy of the licence or, as the case may require, part of it, to the address given for that purpose by the person requesting to make the inspection.