The Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to aspects of Regulation (EC) No. 1073/2009 of 21 October 2009 (“Regulation 1073/2009”), which provides for a Community licence allowing buses and coaches access to the market in the carriage of passengers by road between Member States, a requirement for an authorisation for the purpose of carrying out regular services, and a requirement for control documents when carrying out occasional services.

Regulation 1073/2009, which has direct effect in Member States, recasts existing European Regulations and governs the conditions for the issue and use of Community licences and authorisations. It prescribes the form of the Community licence (Article 4.2 and Annexes I and II), that the Commission shall establish the format of authorisations (Article 6.4), and the period of validity for both Community licences and authorisations (Articles 4.4 and 6.2 respectively).

Regulation 5 confers entitlement to a Community licence on the basis of the relevant Northern Ireland licence. It also provides that existing Community licences and authorisations which meet certain conditions are deemed to be Community licences and authorisations respectively for the purposes of Regulation 1073/2009 and of these Regulations. The competent authority for the purposes of Regulation 1073/2009 is the Department of the Environment (regulation 4).

These Regulations establish various offences, punishable on summary conviction by a fine up to level 4 on the standard scale (regulation 3) and level 3 on the standard scale (regulation 8). Authorised inspecting officers are designated for the purpose of carrying out any necessary inspections (regulation 9). Provision is also made for administrative penalties in certain circumstances which includes the refusal to issue and the withdrawal of documents (regulation 6). The Regulations confer the right of appeal to the county court against administrative penalties (regulation 7).

Regulation 10 requires the applicant for a Community licence or authorisation to supply information.

Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 11) and for offences which may be committed by a body corporate (regulation 12). In addition provision is made for the amendment or modification of other relevant legislation (regulations 13 and 14).

A full impact assessment of the effect that Regulation 1073/2009 (along with two other related EU Road Transport Regulations) will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this Regulation on www.legislation.gov.uk. Regulation 1073/2009 can be viewed on the EUR-Lex website at www.eur-lex.europa.eu.