European Communities (Road Haulage and Road Passenger Transport Operator’s Licences) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Road Haulage and Road Passenger Transport Operator’s Licences) Regulations 2009.
(2) These Regulations come into operation on 10 September 2009.
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paragraphs: In these Regulations—
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paragraphs: (1) Where a person is convicted of any of the following offences, namely—
(i) murder,
(ii) manslaughter,
(iii) an offence under section 4 or 5 of the Non-Fatal Offences against the Person Act 1997 (No. 26 of 1997),
(iv) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994 (No. 15 of 1994)),
(v) an offence relating to money laundering under Part IV of the Criminal Justice Act 1994 ,
(vi) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001),
(vii) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000), or
(viii) an offence under the Firearms and Offensive Weapons Acts 1925 to 1990, or
(ix) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 (No. 18 of 2001)),
(x) an offence of aiding, abetting, counselling, procuring or attempting any of the above, or
(xi) the corresponding offence of the law of another jurisdiction in respect of any of the above,
(a) 2 years, in case of being convicted summarily, or
(b) 5 years, in case of being convicted on indictment,
(2) Where a person is disqualified for holding an operator’s licence under paragraph (1)—
(a) an application by the person for an operator’s licence shall not be considered, and
(b) an operator’s licence held by the person stands revoked.
(3) A disqualification under paragraph (1) takes effect upon—
(a) the expiration of the ordinary time for bringing an appeal against the conviction concerned, or
(b) in the event of an appeal—
(i) where the conviction concerned is confirmed, its confirmation, or
(ii) its withdrawal.
(4) A person who is disqualified under this Regulation for holding an operator’s licence and who while so disqualified—
(a) engages in or attempts to engage in the occupation of road haulage operator or road passenger transport operator, or
(b) operates or controls for hire or reward any business or activity relating to the provisions of road haulage or road passenger transport,
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
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paragraphs: (1) The holder of or an applicant for an operator’s licence shall inform the Minister of any conviction in respect of an offence referred to in Regulation 3(1) committed by him or her.
(2) Subject to paragraph (3), where the holder of or an applicant for an operator’s licence fails to give information of any such conviction within 3 months of the expiry of the time allowed for making an appeal or the determination or withdrawal of the appeal, whichever is the later, or gives false or misleading information, in respect of the conviction, the Minister may revoke or suspend or refuse to grant the licence, as the case may be.
(3) In the case of a conviction imposed on the holder of or an applicant for an operator’s licence before the commencement of these Regulations the obligation under paragraph (1) on the person to inform the Minister in respect of the conviction must be complied with within 3 months of such commencement.
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paragraphs: (1) Where an offence under Regulation 3(4) is committed by a body or by a person purporting to act on behalf of a body and it is proved to have been so committed with the consent or connivance of or to be attributable to any wilful neglect on the part of any other person, who when the offence was committed, was, or purported to act as, a director, transport manager, secretary or other officer (including a member of any committee of management or other controlling authority) of such body, such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.
(2) Proceedings for an offence under Regulation 3(4) may be brought and prosecuted summarily by the Minister.
(3) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under Regulation 3(4).