# The Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 115

Road Traffic And Vehicles

# The Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013

Made

23rd April 2013

Coming into operation

27th May 2013

The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the                           European Communities Act 1972 F1.                        

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 passengers and goods by road F2.                        

F11972 c.68.

F2S.I. 1996/266

## Citation and commencementN.I.

1.  These Regulations may be cited as the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013 and shall come                     into operation on 27th May 2013.                  

## InterpretationN.I.

2.—(1) In these Regulations—                  

“the 2010 Act” means the Good Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 F3;                  

“Community authorisation” means a Community authorisation issued under Article 3 of Council Regulation 881/92;                  

“Community licence” means a licence issued under Article 4 of Regulation [F4(EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage                        market as it has effect in EU law as amended from time to time];                  

“Council Regulation 881/92” means Council Regulation (EEC) No 881/92 on access to the market in the carriage of goods by road within the Community F5;                  

F6“Department” means the [F7Department for Infrastructure] ;                  

“driver attestation” means a driver attestation issued under Article 5 of Regulation 1072/2009;                  

[F8“EU driver attestation” means a driver attestation issued under Article 5 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage                        market as it has effect in EU law as amended from time to time;                  

“exit day” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018;]                   

“Regulation 1071/2009” 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/ECF9;                  

“Regulation 1072/2009” means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage                     market F10;                  

“standard operator's licence” means a standard licence within the meaning of section 2 of the 2010 Act.                  

[F11“UK licence for the Community” means a licence issued under Article 4 of Regulation 1072/2009.]                   

(2) Expressions used which are also used in Regulation 1072/2009 have the meaning as in Regulation 1072/2009.

(3) The Interpretation Act (Northern Ireland) 1954 F12 shall apply to these Regulations as it applies to an Act of the Assembly.                  

F32010 c. 2 (N.I.)

F4Words in reg. 2(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(2)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F5O.J. No. L 095, 09.04.92, p1.

F6Reg. 2(1): by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(2)(b)**; 2020 c. 1, Sch. 5 para. 1(1), it is provided that (31.12.2020) in the definition of “Department”, the words “for Infrastructure” are substituted for the                              words “of the Environment”

F7Words in reg. 2(1) substituted (18.2.2019) by The Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/6), regs. 1(1), **16**

F8Words in reg. 2(1) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(2)(c)**; 2020 c. 1, Sch. 5 para. 1(1)

F9O.J. No. L 300, 14.11.09, p51.

F10O.J. No. L 300, 14.11.09, p72.

F11Words in reg. 2(1) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(2)(d)**; 2020 c. 1, Sch. 5 para. 1(1)

F121954 c.33

## Use of goods vehicle without Community licence or a driver attestationN.I.

3.  A person who uses a vehicle in Northern Ireland in contravention of Article 3 of Regulation 1072/2009 (requirement to possess                     a Community licence [F13etc.]) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.                  

F13Word in reg. 3 inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(3)**; 2020 c. 1, Sch. 5 para. 1(1)

## Competent AuthorityN.I.

4.  Where a person holds, or has applied for, a standard operator's licence that authorises international transport operations,                     the competent authority for the purposes of Regulation 1072/2009 is the Department.                  

## Issue of a [F14UK licence for the Community] and driver attestationN.I.

5.—(1) Subject to regulation 11(1) (supply of information), a person is entitled to be issued by the Department with a [F15UK licence for the Community] if the person holds a standard operator's licence that authorises international transport operations F16.                  

[F17(2)On and after exit day a Community licence issued by a competent authority referred to in regulation 4 is treated as a UK licence                        for the Community.]                  

[F18(3)Subject to regulation 11(1) (supply of information), the holder of a UK licence for the Community is entitled to be issued                        with a driver attestation if the holder complies with the requirements of Article 5(1A) of Regulation 1072/2009.]                  

[F19(4)On and after exit day any driver attestation issued by the Department under the provisions of Article 5(1) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage                        market is treated as a driver attestation for the purposes of Article 5(1A) of Regulation (EC) No 1072/2009.]                  

F14Words in reg. 5 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(4)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F15Words in reg. 5(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(4)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F16see section 2(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

F17Reg. 5(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(4)(b)**; 2020 c. 1, Sch. 5 para. 1(1)

F18Reg. 5(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(4)(c)**; 2020 c. 1, Sch. 5 para. 1(1)

F19Reg. 5(4) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(4)(d)**; 2020 c. 1, Sch. 5 para. 1(1)

## Withdrawal of a [F20UK licence for the Community] and driver attestationN.I.

6.—(1) Where the holder of a [F21UK licence for the Community] issued by the Department, is guilty of an infringement in Northern Ireland of F22... road transport legislation which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation                     1071/2009 F23, the Department may impose either or both of the following penalties—                  

(a)the temporary or permanent withdrawal of some or all of the certified true copies of the [F21UK licence for the Community] ;                  

(b)the temporary or permanent withdrawal of the [F21UK licence for the Community] as determined by the Department.                  

(2) Where the holder of a [F21UK licence for the Community] issued by the Department is guilty of an infringement involving any misuse of driver attestations within the meaning of Article                     12(2) of Regulation 1072/2009, the Department may impose either one or both of the following penalties—                  

(a)the temporary or permanent withdrawal of some or all of the certified true copies of the driver attestation;                  

(b)the temporary or permanent withdrawal of the driver attestation.                  

F20Words in reg. 6 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(5)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F21Words in reg. 6 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(5)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F22Word in reg. 6(1) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(5)(b)**; 2020 c. 1, Sch. 5 para. 1(1)

F23Article 6(1) of Regulation 1071/2009 states that, subject to paragraph (2), Member States are to determine the conditions                              to be met to satisfy the good repute provisions of Article 3(1)(b). This is prescribed in regulation 5 of the Goods Vehicles                              (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012 No. 257).

## [F24Review and appeal of decision – [F25UK licence for the Community]N.I.

7.—(1)A person who—                  

(a)applies for a [F26UK licence for the Community] ; and                  

(b)wishes to dispute a reasoned decision of the Department to refuse to issue the person with a [F26UK licence for the Community] ,                  

may apply to the Department for a review of that reasoned decision.                  

(2)A person who—                  

(a)is the holder of a [F26UK licence for the Community] ; and                  

(b)wishes to dispute a reasoned decision of the Department to withdraw it or any certified true copies of it,                  

may apply to the Department for a review of that reasoned decision.                  

(3)An application under paragraph (1) or (2) must be made within a period of 28 days, beginning with the day on which the aggrieved                        person (“the applicant”) was informed of the decision of the Department to refuse to issue that person with a [F26UK licence for the Community] or to withdraw it or any certified true copies of it.                  

(4)The Department must—                  

(a)consider any written representations made and any evidence provided by the applicant; and                  

(b)within the period of 56 days beginning with the day on which the application was made, provide the applicant with a review                           decision (setting out the Department’s reasons for so doing) confirming, reversing or varying the reasoned decision.                  

(5)A person who is aggrieved by a review decision under paragraph (4) may appeal to the Upper Tribunal against that decision.                  

F24Regs. 7 8 substituted (28.10.2013) by The Goods Vehicles (Community Licence) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/224), regs. 1(1), **2(2)**

F25Words in reg. 7 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(6)**; 2020 c. 1, Sch. 5 para. 1(1)

F26Words in reg. 7(1)-(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(6)**; 2020 c. 1, Sch. 5 para. 1(1)

## Review and appeal of decision – driver attestationN.I.

8.—(1)A person who—                  

(a)applies for a driver attestation; and                  

(b)wishes to dispute a reasoned decision of the Department to refuse to issue the person with a driver attestation,                  

may apply to the Department for a review of that reasoned decision.                  

(2)A person who—                  

(a)is the holder of a driver attestation; and                  

(b)wishes to dispute a reasoned decision of the Department to withdraw it or any certified true copies of it,                  

may apply to the Department for a review of that reasoned decision.                  

(3)An application under paragraph (1) or (2) must be made within a period of 28 days, beginning with the day on which the aggrieved                        person (“the applicant”) was informed of the decision of the Department to refuse to issue that person with a driver attestation                        or to withdraw it or any certified true copies of it.                  

(4)The Department must—                  

(a)consider any written representations made and any evidence provided by the applicant; and                  

(b)within the period of 56 days beginning with the day on which the application was made, provide the applicant with a review                           decision (setting out the Department’s reasons for so doing) confirming, reversing or varying the reasoned decision.                  

(5)A person who is aggrieved by a review decision under paragraph (4) may appeal to a court of summary jurisdiction against that                        decision.]                  

F24Regs. 7 8 substituted (28.10.2013) by The Goods Vehicles (Community Licence) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/224), regs. 1(1), **2(2)**

## 

F279.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F27Reg. 9 omitted (28.10.2013) by virtue of The Goods Vehicles (Community Licence) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/224), regs. 1(1), **2(3)**

## Authorised inspecting officersN.I.

10.  The following are authorised inspecting officers for the purposes of Regulation 1072/2009—                  

(a)police constables in uniform;                  

(b)examiners appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995 F28.                  

F28S.I 1995/2994 (N.I. 18)

## Supply of informationN.I.

11.—(1) The Department may refuse to issue a [F29UK licence for the Community] or driver attestation to an applicant if the applicant fails to supply any information that the Department may reasonably                     request for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 4(1) or 5(1) of Regulation                     1072/2009 as the case may be.                  

(2) The holder of a [F29UK licence for the Community] or driver attestation must supply such information as the Department may reasonably require from time to time to enable the                     Department to decide whether the holder is entitled to retain the licence or attestation.                  

(3) A person who fails to supply any information required under paragraph (2) may have the [F29UK licence for the Community] or driver attestation, and any certified true copies of it, withdrawn by the Department.                  

F29Words in reg. 11 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(7)**; 2020 c. 1, Sch. 5 para. 1(1)

## Death, bankruptcy etc of holder of [F30UK licence for the Community]N.I.

12.—(1) Where a person holds a standard operator's licence by virtue of a direction under regulation 29 of the Goods Vehicles (Licensing                     of Operators) Regulations (Northern Ireland) 2012 F31, that person is also treated as the holder of any [F32UK licence for the Community] held by the actual holder of that standard operator's licence, for the same period as is specified in that direction.                  

(2) For the purposes of paragraph (1), “actual holder” has the same meaning as in regulation 29(1) of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland)                     2012.                  

F30Words in reg. 12 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(8)**; 2020 c. 1, Sch. 5 para. 1(1)

F31S.R. 2012 No. 261

F32Words in reg. 12(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), **8(8)**; 2020 c. 1, Sch. 5 para. 1(1)

## Bodies corporateN.I.

13.  For the purposes of these Regulations, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission                     of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members,                     applies in relation to the acts or defaults of a member in connection with that member's functions of management as if that                     member were a director of the body corporate.                  

## Amendment of the Road Traffic (Northern Ireland) Order 1981N.I.

14.—(1) The Road Traffic (Northern Ireland) Order 1981 F33 is amended in accordance with paragraphs (2) and (3).                  

(2) In Schedule 1 (statutory provisions conferring functions on authorised officers)—

(a)the entry for Article 5(4) of Council Regulation (EEC) No. 881/92 shall be omitted; and                  

(b)after the entry for Regulation 6 of the Road Transport (Passenger Vehicles Cabotage) Regulations (Northern Ireland) 2005 insert—                  

(3) In Schedule 2 (statutory provisions relating to vehicles and their drivers)—

(a)the entry for regulation 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992 F34 shall be omitted; and                  

(b)after the last entry add—                  

F33S.I. 1981/154 (N.I. 1)

F34S.I. 1992 No. 3077

## RevocationN.I.

15.  The Goods Vehicles (Community Authorisations) Regulations 1992 are revoked.                  

Sealed with the Official Seal of the Department of the Environment on 23rd April 2013                        

L.S.

Iain Greenway

 A senior officer of the

 Department of the Environment

## Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to aspects of Regulation (EC) No 1072/2009 of 21 October 2009 (“Regulation 1072/2009”), which makes provision for a Community licence allowing goods vehicles access                        to the market in the carriage of goods by road between Member States and for a driver attestation where the driver is a third                        country national.                     

Regulation 1072/2009, which has direct effect in Member States, recasts existing European Regulations and governs the conditions                        for the issue and use of Community licences and driver attestations. It prescribes the form of the Community licence (Article                        4.4 and Annexes I and II) and driver attestation (Article 5(3) and Annexes I and III), and the period of validity for each (Articles 4(2) and 5(7) respectively).                     

These Regulations establish an offence, punishable on summary conviction by a fine up to level 4 on the standard scale (regulation                        3).                     

The competent authority for the purposes Regulation 1072/2009 is the Department, as provided for in regulation 4.

Regulation 5 confers entitlement to a Community licence on the basis of the relevant Northern Ireland licence. It also provides                        that existing Community authorisations and driver attestations are deemed to be Community licences and driver attestations                        respectively for the purposes of Regulation 1072/2009 and of these Regulations. Provision is also made for administrative                        penalties in certain circumstances – which include the refusal to issue and the withdrawal of documents (regulation 6). The                        Regulations confer rights of appeal against administrative penalties (regulations 7 to 9).                     

Authorised inspecting officers are designated for the purpose of Regulation 1072/2009 (regulation 10).

Regulation 11 requires the holder of a Community licence or driver attestation to supply information in certain circumstances,                        and provides that such documents may be withdrawn in the event of failure to comply.                     

Provision is made for the automatic transfer of a Community licence following death and bankruptcy or incapacity of the holder                        (regulation 12) and for offences which may be committed by a body corporate (regulation 13). In addition provision is made                        for the amendment of the Road Traffic (Northern Ireland) Order 1981, so that an authorised inspecting officer may prohibit                        the driving of a vehicle on the road in certain circumstances (regulation 14).                     

A full impact assessment of the effect that Regulation 1072/2009 (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 1072/2009 can be viewed on the EUR-Lex website                        at www.eur-lex.europa.eu.