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TRANSPORT ACT (NORTHERN IRELAND) 1967

TRANSPORT ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to make further provision for the re-organisation of public
transport and otherwise to amend the law relating to transport; and
for purposes connected therewith.
[14th December 1967]
PART I

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 1

1.(1) There shall be established in accordance with this section a
Transport Users' Committee (in this Act referred to as "the
Committee").

(2) The Committee shall consist of a member appointed by the
Minister of Development (in this Act referred to as "the Minister")
to be chairman thereof and such other members ... as the Minister
may, from persons who in his opinion are likely to represent the
views of users of road or railway passenger transport services, from
time to time appoint.

(3) Persons appointed to be members of the Committee shall hold and
vacate office in accordance with the terms of their respective
appointments and shall, on ceasing to be members of the Committee,
be eligible for re-appointment.

(4) The Minister may appoint a person to be secretary to the
Committee and the Ministry of Development (in this Act referred to
as "the Ministry") may pay to any person so appointed such salary,
fees and other allowances as the Ministry, with the approval of the
Ministry of Finance, may determine.

(5) The Ministry, with the approval of the Ministry of Finance, may
pay to any member of the Committee the amount of any reasonable
out-of-pocket expenses incurred by him in connection with the
discharge of his duties as such member.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 2
Procedure of the Transport Users' Committee.

2.(1) Subject to the provisions of this section, the Committee may
regulate their own quorum and procedure.

(2) The Committee shall meet when convened by the chairman but not
less frequently than four times a year, and, without prejudice to
the discretion of the chairman to call a meeting whenever he thinks
fit, he shall call a meeting when required to do so by any three
members of the Committee, and minutes shall be kept of the
proceedings at every meeting.

(3) The secretary to the Committee shall, as soon as practicable
after any minutes, conclusions and recommendations of the Committee
have been confirmed by the Committee,

(a)send copies thereof to the Minister;

(b)where so directed by the Committee, send to each road or railway
transport undertaking copies of such extracts of those minutes,
conclusions and recommendations as appear to the Committee to be of
interest to that undertaking.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 3
Functions of the Transport Users' Committee.

3.(1) It shall be the duty of the Committee

(a)to exercise the functions conferred on them by this Act; and

(b)to consider and, where it appears to them to be desirable, to
make recommendations with respect to any matter affecting road or
railway passenger transport services and facilities in Northern
Ireland [and services and facilities provided for passengers at
aerodromes in Northern Ireland] where the matter

(i)has been referred to the Committee by any body or person or
group of persons representing in the opinion of the Committee a
substantial number of the users of such services or facilities or
of persons who might, if those services or facilities were improved,
be expected to use them;

(ii)has been referred to the Committee by the Ministry;

<(iii)appears to the Committee to be a matter to which consideration ought to be given.

(2) The Committee shall prepare and transmit annually to the
Minister a report setting out what has been done in the discharge
of their functions under this Act during the preceding financial
year.

Grant of road service licences.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 4

4.(1) The Ministry may, subject to and in accordance with the
provisions of this Part and Part IV, grant to any person applying
therefor a licence (in this Act referred to as a "road service
licence") to provide such a service as may be specified therein for
the carriage of passengers and their luggage by road.

(2) Subject to sections 12 and 13 and to regulations made under
section 45, no person shall use a motor vehicle, or cause or
permit such a motor vehicle to be used, on a road to carry
passengers and their luggage for reward except under a licence
granted under subsection (1).

(3) For the purposes of this section a motor vehicle used to carry
passengers and their luggage for reward shall not be deemed to be
used under a road service licence unless it is used by or on
behalf of the holder of the licence and in accordance with the
conditions applicable to the licence.

(4) Any person who acts in contravention of subsection (2) [or who
contravenes a requirement of any such directly applicable Community
provision as is referred to in section 45(j) as to the keeping or
production of any document] shall be guilty of an offence and be
liable on summary conviction to a fine not exceeding

(a)one hundred pounds for a first offence;

(b)two hundred pounds for a second offence; and

(c)five hundred pounds for a third or subsequent offence.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 5
Particulars to be provided by applicants for road service licences.

5.[(1)] A person applying to the Ministry for a road service
licence shall give such information as may reasonably be required to
enable the Ministry to exercise the functions conferred on it by
section 6, and in particular shall give (where appropriate)
information as to

(a)the type or types of motor vehicles to be used;

(b)the services which it is proposed to provide under the licence;

(c)the frequency of the services, the times to be taken on the
journeys included in those services and the number of vehicles to
be used on those services;

(d)any previous experience of the applicant as a person providing
any facilities wheresoever for the carriage of passengers for reward;

(e)any agreement or arrangement affecting in any material respect the
provision of passenger transport facilities entered into by the
applicant with any other person by whom such facilities are
provided;

(f)any financial interest (whether past, subsisting or proposed, and
whether as a partner or shareholder or as a result of a loan,
guarantee or other financial transaction) of the applicant in the
provision of any facilities wheresoever for the carriage of
passengers for reward, or of any such interest of any other person
in any business carried on by the applicant in providing such
facilities.

[(2) A person applying for a road service licence to which this
subsection applies shall in addition to the information referred to
in subsection (1) give the Department such information as may
reasonably be required to enable the Department to exercise the
functions conferred on it by section 6A, and in particular shall
give

(a)particulars of any convictions during the five years preceding the
making of the application, and at any time thereafter until the
disposal of the application, of the applicant and of any person
specified in the application in pursuance of section 6A(2) or (3);

(b)particulars of the financial resources which are, or are likely
to be, available to the applicant;

(c)particulars of the professional competence qualifications of the
applicant and of any person specified in the application in
pursuance of section 6A(2) or (3);

(d)a statement indicating whether or not the applicant intends to
use vehicles operated under the licence to provide a service for
the carriage of passengers by road elsewhere than in the United
Kingdom.

(3) Subsection (2) applies to a road service licence covering motor
vehicles so constructed and equipped as to be suitable for carrying
more than nine persons including the driver and intended for that
purpose, other than

(a)motor vehicles constructed or adapted for the carriage of not
more than 17 persons including the driver and used, or intended to
be used, in the course of a business whose main object is other
than that of carrying passengers; and

(b)motor vehicles used by an Education and Library Board in the
carrying out of the functions of that Board under the Education and
Libraries (Northern Ireland) Order 1972.

(4) Subsection (2)(a) and (b) shall not apply in relation to an
application for a road service licence by a person who satisfies
the Department that he is an exempt person.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 6
Functions as to grant of road service licences.

6.(1) The Ministry shall, in deciding whether to grant or refuse to
grant a road service licence or to attach conditions to any such
licence, have regard to the interests of persons likely to use the
service to be provided under the licence and those of persons
holding other road service licences, and in particular shall have
regard (where appropriate) to the following matters:

(a)the suitability of the routes on which the service may be
provided under the licence;

(b)the extent, if any, to which the needs of persons likely to use
the service to be provided are already adequately and economically
served;

(c)any previous conduct of the applicant as a person providing
facilities for the carriage of passengers for reward;

(d)the revocation or suspension of any road service licence held at
any time by the applicant or where the applicant has or had a
controlling interest in a body corporate to any refusal to grant a
road service licence to, or revocation or suspension of a road
service licence held by, that body corporate;

(e)where the applicant is an agent or nominee of any other person,
any previous conduct of that person as a person providing facilities
for the carriage of passengers for reward;

(f)where the applicant is an agent or nominee of any other person,
the revocation or suspension of any road service licence held at
any time by that other person;

(g)where the applicant is a body corporate, the refusal to grant a
road service licence to, or the revocation or suspension of any
road service licence held at any time by

(i)any other body corporate having at the time of the application
any controlling interest in the body corporate applying for the
licence or in which the body corporate applying for the licence has
any controlling interest;

(ii)any director of, or any shareholder having a controlling interest
in, the body corporate which is applying for the licence or in
such other body corporate as is mentioned in sub-paragraph (i);

(h)the general effect which the grant of the licence would be
expected to have on the holders of other road service licences and
on the facilities being provided under such licences for the
carriage of passengers by road;

(i)the need for ensuring fair competition among persons providing
facilities in Northern Ireland for the carriage for reward of
passengers by road.

(2) In addition to the matters specified in subsection (1) the
Ministry shall take into consideration any recommendations made by
the Committee, any representations which may be made by persons who
are already providing facilities for the carriage of passengers for
reward on any road along or near the routes the subject of the
application or any part of those routes and any representations made
by a local authority or the Northern Ireland Tourist Board.

(3) Where the Ministry is not satisfied that an application for a
road service licence should be granted the Ministry shall refer the
matter to the Committee and shall, before deciding whether or not
to grant the application, take into account any recommendation made
by the Committee with respect to the application, and in making any
such recommendation the Committee shall have regard to the matters
specified in subsections (1) and (2).[

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 6A
Refusal of road service licence in certain cases.

6A.(1) Subject to the following provisions of this section, the
Department shall refuse to grant to an applicant a road service
licence to which section 5(2) applies, unless having regard, in
addition to the matters specified in section 6, to the information
given to it in pursuance of section 5(2), it is satisfied that the
applicant is

(a)of good repute,

(b)of appropriate financial standing, and

(c)professionally competent.

(2) In the case of an applicant being a body corporate the
requirements of subsection (1)(a) and (c) shall be satisfied by one
of the persons in the full-time employment of the applicant who is
to be [continuously and effectively responsible] for the operation of
the motor vehicles to be used under the licence and who is
specified in the application.

(3) In the case of an applicant not being a body corporate, the
requirements of subsection (1)(c) may also be regarded as satisfied
where there is specified in the application a person in the
full-time employment of the applicant who is to be [continuously and
effectively responsible] for the operation of the motor vehicles to
be used under the licence and who, the Department is satisfied, is
of good repute and professionally competent.

(4) The Department shall not be required by subsection (1) to
refuse to grant a road service licence on a ground mentioned in
subsection (1)(a) or (b) if the applicant satisfies the Department
that he is an exempt person.

(5) There shall be specified in a licence granted by the Department
in pursuance of an application to which either subsection (2) or
(3) applies, the person who is to be [continuously and effectively
responsible] for the operation of the motor vehicles to be used
under the licence and who is specified in the application.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 7
Conditions of road service licences.

7.(1) The Ministry may, when granting any road service licence,
attach conditions to that licence, including conditions for securing
the safety and convenience of the public.

[(1A) Without prejudice to the generality of subsection (1), the
Department, when granting a road service licence to which section
5(2) applies

(a)may attach to the licence a condition prohibiting the holder from
using vehicles operated under the licence for providing a service
for the carriage of passengers by road elsewhere than in the United
Kingdom; and

(b)shall attach to the licence conditions for requiring the holder
of the licence to inform the Department, in writing within 28 days,
if during the currency of the licence

(i)the holder of the licence or the person, if any, specified in
the licence in pursuance of section 6A(5) is convicted of any
offence;

(ii)the holder of the licence becomes bankrupt or goes into
liquidation or an order of seizure is made against his property or
a receiver or manager is appointed in relation to his trade or
business; or

<(iii)the person, if any, specified in the licence in pursuance of section 6A(5) ceases for whatever reason to be [continuously and effectively responsible] for the operation of the motor vehicles used under the licence.

(1B) Where a road service licence to which section 5(2) applies is
granted by the Department to a person who satisfies the Department
that he is an exempt person, paragraph (b) of subsection (1A) shall
not require the Department to attach to the licence the conditions
specified in sub-paragraphs (i) and (ii) of that paragraph.]

(2) On the application or with the consent of the holder of a
road service licence, the Ministry may at any time while the
licence is in force amend (whether by addition, omission or
variation) the conditions attached to the licence [(other than a
condition attached under subsection (1A)(b)], and upon such amendment
the licence shall have effect subject to the conditions as so
amended.

[(2A) Where the holder of a road service licence to which is
attached the condition referred to in subsection (1A)(a) applies for
the omission of that condition, he shall include in his application
such particulars as to his professional competence or that of the
person, if any, specified in the licence in pursuance of section
6A(5), as the Department may require.]

(3) Where the holder of a road service licence, or any person
acting with his knowledge or consent, fails to comply with a
condition of that licence, the holder of the licence shall be
guilty of an offence and be liable on summary conviction to a fine
not exceeding fifty pounds.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 8
Duration of road service licences.

8.(1) A road service licence shall, unless previously revoked,
continue in force for a period of three years from the date on
which it is expressed to take effect or such [other period as may
be specified therein].

(2) If on the date of the expiration of a road service licence an
application is before the Ministry for the grant of a new road
service licence in substitution for an existing road service licence
held by the applicant, the existing road service licence shall
continue in force until the application is disposed of.

[(2A) If on the date of the expiration of a road service licence
the licence is, by virtue of regulations made under section 33,
held by a person other than the person to whom the licence was
granted, the licence shall continue in force until the application
by that other person for a new road service licence is disposed of
in accordance with those regulations.]

(3) Nothing in this section shall prevent the attachment to a road
service licence of a condition that the service shall be limited to
one or more than one particular period or occasion.

(4) The holder of a road service licence may, subject to any
conditions attached to the licence, at any time surrender the
licence to the Ministry.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 9
Fees for road service licences.

9.(1) There shall be paid to the Ministry in respect of the grant
of road service licence, such fees as may be prescribed, with the
approval of the Ministry of Finance, by regulations made by the
Ministry subject to affirmative resolution.

(2) Regulations under subsection (1) may provide that on the
surrender, revocation or suspension of a road service licence the
holder shall be entitled to be repaid by the Ministry by way of
rebate such proportion of the fee paid on the grant of the licence
as may be specified in the regulations.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 10
Revocation and suspension of road service licences.

10.(1) Subject to subsection (2), a road service licence may be
revoked or suspended by the Ministry on the ground that any
condition subject to which the licence was granted has not been
complied with.

(2) [Where the condition broken is a condition attached to the road
service licence otherwise than under section 7(1A) the Department
shall not revoke or suspend the licence under subsection (1)]
unless, owing to the frequency of the breach of conditions on the
part of the holder of the licence, or to the breach having been
committed wilfully, or to the danger to the public involved in the
breach, the Ministry is satisfied that the licence should be revoked
or suspended.

(3) Where a person to whom the grant of a road service licence
has been refused or whose road service licence has at any time
been revoked or suspended becomes a director of a body corporate or
acquires a controlling interest in that body corporate, the Ministry
may revoke or suspend any road service licence held by that body
corporate.

[(3A) Subject to subsections (3B) to (3E) where at any time during
the currency of a road service licence to which section 5(2)
applies, it appears to the Department that the holder of the
licence is not

(a)of good repute,

(b)of appropriate financial standing,

(c)professionally competent,

(3B) In the case of the holder of a licence being a body
corporate, subsection (3A) shall apply as if in relation to
paragraphs (a) and (c), it referred to the person who is
[continuously and effectively responsible] for the operation of the
motor vehicles used under the licence and who is specified in the
licence in pursuance of section 6A(5).

(3C) In the case of the holder of a licence not being a body
corporate, where there is specified in the licence in pursuance of
section 6A(5) a person who is [continuously and effectively
responsible] for the operation of the motor vehicles used under the
licence, subsection (3A) shall apply as if in relation to paragraph
(a) it referred to that person as well as the holder of the
licence and as if in relation to paragraph (c) it referred to that
person.

(3D) In the event of the death or physical or mental incapacity of
the holder of a licence or of a person specified in the licence
in pursuance of section 6A(5) or in the event of the person so
specified ceasing for some other reason to be employed by the
holder of the licence, subsection (3A) shall not require the
Department to revoke the licence during such period, not exceeding
one year from the occurrence of the event in question, as the
Department may determine, or during such further period not exceeding
6 months, as the Department may, in exceptional circumstances,
determine.

(3E) The Department shall not be required by subsection (3A) to
revoke a licence on a ground mentioned in paragraph (a) or (b) of
that subsection if the holder of the licence satisfies the
Department that he is an exempt person.]

(4) Where the Ministry decides to revoke or suspend a road service
licence under this section, the Ministry shall serve a notice to
that effect on the holder of the licence stating the reasons for
the decision, and the revocation or suspension shall not take effect

(a)until the expiration of the period of twenty-eight days from the
service of the notice; or

(b)where the holder of the licence appeals to the county court
under subsection (5), until the appeal is finally determined or
abandoned.

(5) The holder of a road service licence who is aggrieved by the
decision to revoke or suspend the licence under this section may,
within twenty-eight days from the service of the notice under
subsection (4), appeal to the county court, giving notice of the
appeal to the Ministry.

(6) On an appeal under subsection (5) the county court, if it is
satisfied that the Ministry was not justified in deciding to revoke
or suspend the licence under this section, shall declare that the
revocation or suspension shall be of no effect, stating the reasons
for its decision, and that decision shall be final.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 11
Powers to make grants to operators of road passenger transport
services.

11.(1) For the purpose of securing the provision in any area of a
service for the carriage for reward of passengers by road, the
Ministry with the approval of the Ministry of Finance may, subject
to subsection (2), make grants, out of moneys provided by
Parliament, to any person providing, or proposing to provide, such a
service in that area, where the Ministry is satisfied

(a)that the service is necessary to meet the reasonable needs of
persons in that area;

(b)that the service being provided or proposed to be provided will
be carried on efficiently and economically; and

(c)that the person providing or proposing to provide the service
will, if grants are not made under this section, be unable or
unwilling to carry on, or provide, the service in an efficient and
economic manner.

(2) A grant shall not be made under this section to any person
unless he is the holder of a road service licence issued under
this Part.

S.12 spent. S.13 rep. by 1977 NI 10 art.2(11)

Grant of operators' licences.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 14

14. The Ministry may subject to and in accordance with the
provisions of this Part and Part IV grant road freight operators'
licences (in this Act referred to as "operators' licences") to
persons carrying or proposing to carry goods by road for reward ...
(in this Act referred to as "road freight operators").

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 15
Applications for operators' licences.

15. [(1)] A person applying to the Ministry for an operator's
licence shall give such information as may reasonably be required to
enable the Ministry to exercise the functions conferred on it by
[sections 28 and 28A], and in particular shall give information as
to

(a)the principal place of business, or proposed principal place of
business, of the applicant, and the place or places from which he
proposes to act as a road freight operator;

(b)the district within which, or the places between which, the
applicant proposes to act, as a road freight operator;

(c)the goods which the applicant will normally carry for reward
while he is acting as a road freight operator;

(d)any previous experience of the applicant as a person providing
any facilities wheresoever for the carriage of goods for reward;

(e)any financial interest (whether past, subsisting or proposed, and
whether as a partner or shareholder or as a result of a loan,
guarantee or other financial transaction) of the applicant in the
provision of any facilities wheresoever for the carriage of goods
for reward, or any such interest of any other person in any
business carried on by the applicant in providing such facilities;

<[(f)particulars of any convictions during the five years preceding the making of the application, and at any time thereafter until the disposal of the application, of the applicant and of any person specified in the application in pursuance of section 28A(2) or (3);

(g)particulars of the financial resources which are, or are likely
to be, available to the applicant;

(h)particulars of the professional competence qualifications of the
applicant and of any person specified in the application in
pursuance of section 28A(2) or (3);

(i)a statement indicating whether or not the applicant intends to
use goods vehicles operated under the licence to carry goods by
road for reward elsewhere than in the United Kingdom.]

[(2) Subsection (1)(f) and (g) shall not apply in relation to an
application for an operator's licence by a person who satisfies the
Department that he is an exempt person.][

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 15A
Conditions of operators' licences.

15A.(1) The Department when granting an operator's licence

(a)may attach to the licence a condition prohibiting the holder from
using goods vehicles operated under the licence for carrying goods
by road for reward elsewhere than in the United Kingdom; and

(b)shall attach to the licence conditions for requiring the holder
of the licence to inform the Department, in writing within 28 days,
if during the currency of the licence

(i)the holder of the licence or the person, if any, specified in
the licence in pursuance of section 28A(5) is convicted of any
offence;

(ii)the holder of the licence becomes bankrupt or goes into
liquidation or an order of seizure is made against his property or
a receiver or manager is appointed in relation to his trade or
business; or

<(iii)the person, if any, specified in the licence in pursuance of section 28A(5) ceases for whatever reason to be [continuously and effectively responsible] for the operation of the goods vehicles used under the licence.

(2) Where an operator's licence is granted by the Department to a
person who satisfies the Department that he is an exempt person,
paragraph (b) of subsection (1) shall not require the Department to
attach to the licence the conditions specified in sub-paragraphs (i)
and (ii) of that paragraph.

(3) On the application of the holder of an operator's licence to
which is attached the condition referred to in subsection (1)(a) and
on his production of such particulars as to his professional
competence or that of the person, if any, specified in the licence
in pursuance of section 28A(5) as the Department may require, the
Department may remove that condition from the licence.

(4) Where the holder of an operator's licence, or any person acting
with his knowledge or consent, fails to comply with a condition of
that licence, the holder of the licence shall be guilty of an
offence and be liable on summary conviction to a fine not exceeding
#100.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 16
Duration of, and fees for, operators' licences.

16.(1) Subject to section 29, an operator's licence shall remain in
force for three years or such [other period as may be specified
therein].

[(1A) If on the date of the expiration of an operator's licence an
application is before the Department for the grant of a new
operator's licence in substitution for an existing operator's licence
held by the applicant, the existing operator's licence shall continue
in force until the application is disposed of.

(1B) If on the date of the expiration of an operator's licence the
licence is, by virtue of regulations made under section 33, held by
a person other than the person to whom the licence was granted,
the licence shall continue in force until the application by that
other person for a new operator's licence is disposed of in
accordance with those regulations.]

(2) There shall be paid to the Ministry in respect of the grant
of an operator's licence, for each complete year during which the
licence is to remain in force, a fee of [#2] or such amount as
may be prescribed with the approval of the Ministry of Finance by
regulations made by the Ministry subject to affirmative resolution.

Grant of vehicle licences.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 17

17.(1) The Ministry may, subject to and in accordance with the
provisions of this Part and Part IV, grant road freight vehicle
licences (in this Act referred to as "vehicle licences") for the
use of motor vehicles to carry goods by road for reward to

(a)persons who hold operator licences, in respect of motor vehicles
to be used while they are acting as road freight operators;

(b)farmers within the meaning of section 25(1), in respect of motor
vehicles kept by them primarily for the purpose of the agricultural
operations in which they are engaged and to be used to carry goods
for reward only in the manner referred to in section 25(2); or

(c)milk hauliers within the meaning of section 25(1), in respect of
motor vehicles to be used only while they are acting as milk
hauliers.

(2) Subject to regulations made under section 45, no person shall
use a motor vehicle on a road to carry goods for reward except
under and in accordance with the terms of a licence granted under
subsection (1) in respect of that vehicle and in force at the time
of carrying such goods.

(3) Any person who acts in contravention of subsection (2) shall be
guilty of an offence and be liable on summary conviction to a fine
not exceeding

(a)one hundred pounds for a first offence;

(b)two hundred pounds for a second offence; and

(c)five hundred pounds for a third or subsequent offence.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 18
Disqualifications for offences under s.17.

18.(1) Without prejudice to any other penalty, any court before
which a person is convicted of contravening the provisions of
section 17 may order him to be disqualified for holding a goods
vehicle certificate under [Article 54 of the Road Traffic (Northern
Ireland) Order 1981] in respect of the vehicle used in the
commission of the offence, for a period not exceeding

(a)one month, where the conviction is for a first offence;

(b)two months, where the conviction is for a second offence;

(c)six months, where the conviction is for a third or subsequent
offence;

(2) Where a person who is disqualified for holding a goods vehicle
certificate by virtue of an order made under subsection (1) appeals
against the order or the conviction in relation to which the order
was made, the operation of the disqualification shall be suspended
pending the appeal and

(a)if the certificate has been delivered to the clerk of the court,
the clerk shall return the certificate to the person disqualified;
or

(b)the person disqualified shall not be required by the preceding
subsection to deliver the certificate to the clerk of the court.

(3) Where, as a result of an appeal of the kind referred to in
subsection (2), the operation of an order for disqualification made
under subsection (1) ceases to be suspended, the person disqualified
shall forthwith, or within such period as the court which heard the
appeal may fix, deliver the goods vehicle certificate granted to him
to the proper officer of that court, and that officer shall forward
the certificate to the Ministry of Home Affairs, to be kept by
that Ministry until the order ceases to be in force.

(4) When an order made under subsection (1) ceases to be in force,
the Ministry of Home Affairs shall return the relevant goods vehicle
certificate to the person to whom it was granted.

(5) A person who fails to deliver a goods vehicle certificate to
the clerk or proper officer of a court as required by this section
shall be guilty of an offence and shall be liable on summary
conviction to a fine of ten pounds for every day during the period
commencing on the day on which the certificate should have been so
delivered and ending on the day on which it is so delivered.

(6) While an order made under subsection (1) is in force the
person disqualified for holding the relevant goods vehicle certificate
shall also be disqualified for

(a)obtaining another goods vehicle certificate in respect of the
vehicle used in the commission of the offence;

(b)holding or obtaining any more goods vehicle certificates than one
less than the number of such certificates held by him immediately
before the commission of the offence of which he was convicted and
in relation to which the order was made (excluding from that number
any goods vehicle certificate in respect of which any other order
for disqualification made under subsection (1) is in force at the
time of the making of the first-mentioned order).

(7) The power of the Ministry of Home Affairs to make regulations
under [Article 218 of the Road Traffic (Northern Ireland) Order
1981] shall include power to make provision for

(a)the notification to that Ministry of the making of an order
under subsection (1) of this section, of any appeal against such an
order, and the result of any such appeal;

(b)the forwarding by the clerk or proper officer of a court, to
that Ministry of a goods vehicle certificate which has been
delivered to that clerk or officer pursuant to this section;

(c)suspending the holding, or restricting the obtaining, of goods
vehicle certificates pursuant to the last preceding subsection.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 19
Applications for vehicle licences.

19.(1) A person of the kind referred to in section 17(1) may apply
to the Ministry, for a vehicle licence, giving such information as
may reasonably be required to enable the Ministry to discharge its
functions in relation to the application, including particulars of
the vehicle proposed to be used under the licence which

(a)belongs to the applicant; or

(b)is in his possession under an agreement for hire, hire-purchase,
credit-sale or loan; or

(c)he intends to acquire, or to obtain possession of under an
agreement of the kind referred to in paragraph (b).

(2) An applicant for a vehicle licence shall not be required to
distinguish, for the purposes of his application, between vehicles
belonging to him and vehicles subject to an agreement of the kind
referred to in subsection (1)(b).

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 20
Conditions of vehicle licences.

20.(1) The Ministry may, when granting any vehicle licence in
respect of a vehicle, attach conditions to that licence, including
in particular conditions relating to

(a)the classes or descriptions of goods which may or may not be
carried in that vehicle;

(b)the districts within which, or the places between which, that
vehicle may be used to carry goods for reward;

(c)the persons or classes of persons for whom that vehicle may be
used to carry goods for reward.

(2) On the application of the holder of a vehicle licence, the
Ministry may at any time while the licence is in force amend
(whether by addition, omission or variation) the conditions attached
to the licence, and upon such amendment the licence shall have
effect subject to the conditions as so amended.

(3) The conditions of a vehicle licence shall not apply in relation
to the use of the motor vehicle in respect of which the licence
is granted for any purpose for which it might lawfully be used
without the authority of the licence.

(4) Subject to subsection (3), where the holder of a vehicle
licence, or any person acting with his consent, fails to comply
with a condition of that licence, the holder of the licence shall
be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding fifty pounds.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 21
Effect of vehicle licences.

21. A vehicle licence shall not entitle the holder of the licence
to use to carry goods for reward any vehicle other than the
vehicle in respect of which the licence is granted.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 22
Duration of vehicle licences.

22.(1) Subject to the provisions of this section and of section 29,
a vehicle licence shall remain in force for a period of twelve
months beginning on the first day of the month in which the
licence is granted.

(2) With a view to enabling motor vehicles to be used to carry
goods for reward temporarily for

(a)the purposes of a seasonal business;

(b)the purpose of the execution of a particular piece of work;

(c)any other purposes of limited duration (including the purpose
referred to in section 33(2));

(3) Subject to section 33, a vehicle licence shall be revoked when
the motor vehicle in respect of which the licence was granted
ceases

(a)to belong to the holder of the licence, or

(b)to be in the possession of the holder of the licence under an
agreement for hire, hire-purchase, credit-sale or loan.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 23
Fees for vehicle licences.

23.(1) Subject to the provisions of subsection (2) and of sections
... 25, there shall be paid to the Ministry in respect of the
grant of a vehicle licence

(a)a fee of [#24]; or

(b)for each month or part of a month during the currency of a
licence granted under section 22(2) for a period not exceeding three
months, a fee of [#2].

(2) The amount of the fees payable under subsection (1) may be
altered by regulations made by the Ministry with the approval of
the Ministry of Finance.

(3) Regulations made under subsection (2) shall be subject to
affirmative resolution.

S.24 rep. by SLR 1976

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 25
Special provisions as to farmers and milk hauliers.

25.(1) In this section

"farmer" means a person engaged to a substantial extent in carrying
on or directing agricultural operations on any land;

"milk haulier" means a person who uses a motor vehicle solely for
the collection or delivery of liquid milk (including whole milk,
cream, skim milk or buttermilk) not contained in sealed airtight
containers.

(2) Where a motor vehicle kept by a farmer primarily for the
purpose of the agricultural operations in which he is engaged is
used by that farmer to carry goods for reward only

(a)for other farmers who reside within three miles of the residence
of the farmer who keeps that vehicle; and

(b)for the purposes of the business of agriculture in which those
other farmers are engaged;

(3) Where a farmer holds a road freight operator's licence, section
44 shall not apply in relation to the wages and conditions of
employment of any person employed by that farmer while that person
is employed in connection with the use to carry goods for reward,
in the manner referred to in subsection (2), of a motor vehicle
kept by that farmer primarily for the purpose of the agricultural
operations in which he is engaged.

(4) Where a motor vehicle is used by a milk haulier only while he
is acting as a milk haulier, the fee payable in respect of the
grant of a vehicle licence for that vehicle shall be [#2] or such
amount as may be prescribed with the approval of the Ministry of
Finance by regulations made by the Ministry subject to affirmative
resolution.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 26
Licence, notice or mark to be affixed to and exhibited on certain
vehicles.

26.(1) A vehicle licence or such other notice or distinguishing mark
as may be prescribed shall, in the prescribed manner, be affixed to
and exhibited on the motor vehicle in respect of which the vehicle
licence is in force.

(2) If a motor vehicle in respect of which a vehicle licence is
in force is used in contravention of subsection (1), the holder of
the licence and the driver of the vehicle shall each be guilty of
an offence under this section and shall be liable on summary
conviction to a fine not exceeding ten pounds.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 27
Surrender of vehicle licences.

27.(1) The holder of a vehicle licence may at any time surrender
the licence to the Ministry.

(2) Where a licence is

(a)surrendered to the Ministry under subsection (1); or

(b)revoked or suspended pursuant to section 29;

(i)for each complete month of the period of the currency of the
licence which is unexpired at the time of surrender or revocation;
or

(ii)for each complete month of the period during which the licence
is suspended;

Functions as to grant of operators' or vehicle licences.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 28

28. The Ministry shall, in deciding whether to grant or refuse to
grant an operator's licence or a vehicle licence, have regard to
the interests of persons requiring facilities for the carriage of
goods and those of persons providing such facilities, and in
particular shall have regard to the following matters:

(a)any previous conduct of the applicant as a person providing
facilities for the carriage of goods for reward;

(b)the suspension or revocation of any operator's licence or vehicle
licence held at any time by the applicant or where the applicant
has or had a controlling interest in a body corporate to any
refusal to grant a licence to, or revocation or suspension of a
licence held by, that body corporate;

(c)where the applicant is an agent or nominee of any other person,
any previous conduct of that person as a person providing facilities
for the carriage of goods for reward;

(d)where the applicant is an agent or nominee of any other person,
the suspension or revocation of any operator's licence or vehicle
licence held at any time by that other person;

(e)where the applicant is a body corporate, the refusal to grant an
operator's licence or a vehicle licence to, or the revocation or
suspension of any such licence held at any time by

(i)any other body corporate having at the time of the application
any controlling interest in the body corporate applying for the
licence or in which the body corporate applying for the licence has
any controlling interest;

(ii)any director of, or any shareholder having a controlling interest
in, the body corporate which is applying for the licence or in
such other body corporate as is mentioned in sub-paragraph (i);

(f)the general effect which the grant of a licence would be
expected to have on the holders of other operators' licences and on
the facilities being provided in Northern Ireland for the carriage
of goods by road for reward;

(g)the need for ensuring fair competition among persons providing
facilities in Northern Ireland for the carriage of goods by road
for reward.[

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 28A
Refusal of operators' licences in certain cases.

28A.(1) Subject to the following provisions of this section, the
Department shall refuse to grant to an applicant an operator's
licence unless, having regard, in addition to the matters specified
in section 28, to the information given to it in pursuance of
section 15(1)(f) to (h), it is satisfied that the applicant is

(a)of good repute,

(b)of appropriate financial standing, and

(c)professionally competent.

(2) In the case of an applicant being a body corporate the
requirements of subsection (1)(a) and (c) shall be satisfied by one
of the persons in the full-time employment of the applicant who is
to be [continuously and effectively responsible] for the operation of
the goods vehicles to be used under the licence and who is
specified in the application.

(3) In the case of an applicant not being a body corporate, the
requirements of subsection (1)(c) may also be regarded as satisfied
where there is specified in the application a person in the
full-time employment of the applicant who is to be [continuously and
effectively responsible] for the operation of the goods vehicles to
be used under the licence and who, the Department is satisfied, is
of good repute and professionally competent.

(4) The Department shall not be required by subsection (1) to
refuse to grant an operator's licence on a ground mentioned in
subsection (1)(a) or (b) if the applicant satisfies the Department
that he is an exempt person.

(5) There shall be specified in a licence granted by the Department
in pursuance of an application to which either subsection (2) or
(3) applies, the person who is to be [continuously and effectively
responsible] for the operation of the goods vehicles to be used
under the licence and who is specified in the application.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 29
Suspension and revocation of operators' or vehicle licences.

29.(1) The Ministry may revoke or suspend a vehicle licence on any
of the following grounds

(a)that the Ministry of Home Affairs has revoked or suspended the
goods vehicle certificate granted under [Article 54 of the Road
Traffic (Northern Ireland) Order 1981] in respect of the vehicle to
which the licence relates;

(b)that the holder of the licence has been convicted of contravening
or failing to comply with section 17(2);

(c)that the holder of the licence has been convicted of an offence
under section 20;

(d)that the holder of the licence, or any servant or agent of his,
has been convicted of an offence under section 34, 35 or 40;

(e)that the holder of the licence, or any servant or agent of his,
has, in relation to the vehicle in respect of which the licence is
granted, been convicted of contravening any statutory provision
relating to

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)the regulation, taxation or certification of vehicles;

<(iii)limits of speed and weight, laden and unladen, and the loading of vehicles;

<(iv)the time for which drivers of goods vehicles may remain continuously on duty and the hours which they are to have for rest;

(v)the keeping of records as to hours of work;

(f)that the holder of the licence has been found by the Industrial
Court to be in breach of the provisions of section 44;

(g)where the licence is held by a body corporate, that a person to
whom the grant of an operator's licence or vehicle licence has been
refused or whose operator's licence or vehicle licence has at any
time been revoked or suspended has become a director of that body
corporate or has acquired a controlling interest in that body
corporate.

(2) Where within any period of thirty-six consecutive months the
Ministry has revoked or suspended, on any of the grounds referred
to in subsection (1)(b) to (g), any vehicle licences held by a
road freight operator, the total number of such revocations and
suspensions being

(a)not less than three; and

(b)not less than one-tenth (calculated to the nearest whole number)
of the greatest number of vehicle licences held by that operator
during the said period;

[(2A) An operator's licence may be revoked or suspended by the
Department on the ground that any condition subject to which the
licence was granted has not been complied with.

(2B) Subject to subsections (2C) to (2F), where at any time during
the currency of an operator's licence it appears to the Department
that the holder of the licence is not

(a)of good repute,

(b)of appropriate financial standing, or

(c)professionally competent,

(2C) In the case of the holder of a licence being a body
corporate, subsection (2B) shall apply as if in relation to
paragraphs (a) and (c), it referred to the person who is
[continuously and effectively responsible] for the operation of the
goods vehicles used under the licence and who is specified in the
licence in pursuance of section 28A(5).

(2D) In the case of the holder of a licence not being a body
corporate where there is specified in the licence in pursuance of
section 28A(5) a person who is [continuously and effectively
responsible] for the operation of the goods vehicles used under the
licence subsection (2B) shall apply as if in relation to paragraph
(a) it referred to that person as well as the holder of the
licence and as if in relation to paragraph (c) it referred to that
person.

(2E) In the event of the death or physical or mental incapacity of
the holder of a licence or of a person specified in the licence
in pursuance of section 28A(5) or in the event of the person so
specified ceasing for some other reason to be employed by the
holder of the licence, subsection (2B) shall not require the
Department to revoke the licence during such period, not exceeding
one year from the occurrence of the event in question, as the
Department may determine, or during such further period, not
exceeding 6 months, as the Department may, in exceptional
circumstances, determine.

(2F) The Department shall not be required by subsection (2B) to
revoke a licence on a ground mentioned in paragraph (a) or (b) of
that subsection if the holder of the licence satisfies the
Department that he is an exempt person.

(2G) Where the Department revokes or suspends an operator's licence
under subsection (2A) or (2B), it may also revoke or suspend all
the vehicle licences held by that operator.]

(3) Where the Ministry decides to revoke or suspend an operator's
licence under [this section], the Ministry shall serve a notice to
that effect on that road freight operator, stating the reasons for
the decision, and the revocation or suspension shall not take effect

(a)until the expiration of the period of twenty-eight days from the
service of the notice; or

(b)where the road freight operator appeals to the county court under
subsection (4), until the appeal is finally determined or abandoned.

(4) A road freight operator aggrieved by the decision to revoke or
suspend his road freight operator's licence under [this section] may,
within twenty-eight days from the service of the notice under
subsection (3), appeal to the county court, giving notice of the
appeal to the Ministry.

(5) On an appeal under subsection (4) the county court, if it is
satisfied that the Ministry was not justified in deciding to revoke
or suspend the licence under [this section], shall declare that the
revocation or suspension shall be of no effect, stating the reasons
for its decision, and that decision shall be final.

S.30 rep. by SLR 1976

Records of licences.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 31

31.(1) The Ministry shall keep a record of all road service
licences and operators' licences granted by it under Parts II and
III.

(2) Any person appearing to the Ministry to have reasonable grounds
for claiming so to do shall be entitled at any reasonable time to
inspect the record kept under this section.

(3) The Ministry shall provide a copy of or extract from the
record or any part thereof to any person reasonably requiring such
copy or extract.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 32
Copies of licences.

32. Where the Ministry is satisfied that a licence granted under
Part II or Part III has been lost, destroyed or so defaced by
accident as to be incapable of use, the Ministry may, on payment
of a fee of [25p] issue a copy thereof to the person to whom the
licence was granted or, as the case may be, to the person to whom
the licence was transferred by virtue of regulations made under
section 33(2).

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 33
Transfer of licences.

33.(1) Subject to subsection (2), a licence granted under Part II
or Part III shall not be transferable by the holder of the licence
or by operation of law to any other person.

(2) The Ministry may by regulations provide for the holding of a
licence granted under Part II or Part III by a person other than
the person to whom the licence was granted where

(a)the person to whom the licence was granted dies or becomes
incapacitated, or is adjudicated bankrupt or makes any composition or
arrangement with his creditors;

(b)an order has been made by a court, or a resolution has been
passed for the winding up of the undertaking of the person to whom
the licence was granted, except for the purpose of reconstruction;

(c)a receiver or liquidator of the undertaking of the person to
whom the licence was granted has been appointed; or

(d)the person to whom the licence was granted is a government
department (including a department of the Government of the United
Kingdom) or a body established by or under any statutory provision
and the functions of that department or body are transferred by or
under a statutory provision to any other person; [or

(e)in the case of a road service licence or operator's licence, the
licence has been revoked under section 10(3A) or 29(2B), as the
case may be, as from some future date.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 34
Forgery of licences.

34. If, with intent to deceive, any person

(a)forges within the meaning of the Forgery Act 1913, or alters or
uses or lends to, or allows to be used by, any other person, a
licence granted under Part II or Part III, or any notice or
distinguishing mark prescribed under section 26 [or any certificate
or diploma referred to in section 46A(5) or (6)] [or any
international road haulage permit];

(b)makes or has in his possession any document or mark so closely
resembling any such licence [, certificate, diploma] [mark or permit]
as to be calculated to deceive;

(i)on summary conviction, to a fine not exceeding one hundred pounds
or to imprisonment for a term not exceeding six months, or to both
such fine and such imprisonment;

(ii)on conviction on indictment, to imprisonment for a term not
exceeding two years, with or without a fine.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 35
False statements.

35. A person who for the purpose of

(a)obtaining the grant of a licence under Part II or Part III to
himself or any other person;

(b)preventing the grant of any such licence; or

(c)procuring the attachment of conditions to, or the amendment of
conditions attached to, any such licence; [or

(d)obtaining the grant of an international road haulage permit to
himself or any other person];

Disclosure of information.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 36

36.(1) Any information which is obtained under Part II, Part III or
this Part shall not, without the previous consent in writing of the
person from whom the information was obtained, be disclosed except
for the purposes of

(a)the execution of those Parts, and of general statistics and
returns;

(b)any legal proceedings arising out of those Parts, or any criminal
proceedings, whether so arising or not;

(c)any reports of any proceedings of the kind referred to in
paragraph (b).

(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on summary conviction, to a fine not
exceeding one hundred pounds, or to imprisonment for a term not
exceeding six months, or to both such fine and such imprisonment.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 37
Inspectors and powers of entry.

37.(1) For the purposes of Parts II and III and this Part the
Ministry may appoint such inspectors as the Ministry may with the
consent of the Ministry of Finance determine, and may pay to them
such salaries or remuneration as may be so determined.

(2) An inspector appointed under this Part shall, for the purposes
of the enforcement of Parts II and III and this Part, have power
to

(a)enter and inspect any motor vehicle used for the carriage of
passengers or goods by road for reward, and for that purpose may
stop and detain the vehicle during such time as is required for
the inspection;

(b)enter, at any time which is reasonable having regard to the
circumstances, any premises in or on which he has reason to believe
that a motor vehicle used for the carriage of passengers or goods
by road for reward is kept;

(c)enter, at any time which is reasonable having regard to the
circumstances, any premises which he has reason to believe are used
in connection with the carriage of passengers or goods by road for
reward.

(3) If a justice of the peace, on sworn information in writing, is
satisfied

(a)that an inspector appointed under this section has been refused
admission to any premises which he has a right to enter under
subsection (2), or that such a refusal is apprehended, and that
notice of the intention to apply for the warrant has been given to
the occupier; or

(b)that an application for admission to the premises, or the giving
of such a notice, would defeat the object of the entry, or that
the premises are unoccupied or that the owner is temporarily absent;

(4) An inspector entering any premises under this section may take
with him such other persons as appear to him to be necessary.

(5) On leaving any premises which he has entered under this
section, being premises which are unoccupied or the occupier of
which is temporarily absent, an inspector shall leave them as
effectively secured against unauthorised entry as he found them.

(6) If any inspector or other person who enters any work-place
under this section discloses to any person any information obtained
by him in the work-place with regard to any manufacturing process
or trade secret he shall, unless the disclosure was made in the
course of his duty, be guilty of an offence and shall be liable

(a)on summary conviction, to a fine not exceeding one hundred pounds
or to imprisonment for a term not exceeding six months, or to both
such fine and such imprisonment;

(b)on conviction on indictment, to imprisonment for a term not
exceeding two years, with or without a fine.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 38
Obtaining of information etc. by inspectors.

38.(1) Where an inspector appointed under this Part has reasonable
cause to believe that a motor vehicle is used for the carriage of
passengers or goods for reward

(a)the owner or driver of the vehicle;

(b)any person who has made, is making or intends to make, use of
that vehicle for the carriage of passengers or goods for reward;

(c)any servant or agent of any person of the kind referred to in
paragraphs (a) and (b);

(i)the number of passengers or the description of the goods and the
name and address of the owner of the goods;

(ii)the places from which and to which the passengers or goods have
been, are being, or are to be, carried;

(iii)the reward for the carriage of the passengers or goods.

(2) The owner or occupier of any premises entered by an inspector
under section 37, or any servant or agent of any such person, or
any person found on any such premises, shall give to the inspector
such information as it is in his power to give as to

(a)the name and address of the owner of any motor vehicle used for
the carriage of passengers or goods for reward which is kept in or
on those premises, or of the person whose servant or agent the
driver of any such vehicle is;

(b)the matters referred to in subsection (1)(i), (ii) and (iii), in
relation to any passengers or goods which have been, are being, or
are to be, carried on any such vehicle kept in or on those
premises;

(c)any use of those premises in connection with carriage of
passengers or goods by road for reward.

(3) An inspector may take copies of any documents

(a)produced to him under this section; or

(b)relating to the carriage of passengers or goods by road, being
documents which are found by him on any vehicle or premises entered
under section 37,

Power to seize certain articles.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 39

39.(1) If an inspector appointed under this Part has reasonable
cause to believe that a document produced to him in pursuance of
this Part is a document in relation to which an offence has been
committed under section 34 or 35, he may seize the document.

(2) Where a document is seized under subsection (1), the person
from whom it was seized shall, unless the document has been
previously returned to him or he has been previously charged with
an offence in relation thereto under either of the sections referred
to in subsection (1), be summoned before a court of summary
jurisdiction to account for his possession of the document and the
court shall make such order respecting the disposal of the said
document and award such costs as the justice of the case may
require.

(3) If an inspector appointed under this Part has reasonable cause
to believe that a document or mark carried on a motor vehicle, or
by the driver thereof, is a document or mark in respect of which
an offence has been committed under

(a)section 34, in relation to any notice or distinguishing mark
prescribed under section 26; or

(b)section 34 or 35, in relation to a vehicle licence;

(4) Where a document or mark is seized under subsection (3), either
the owner or driver of the vehicle shall, if the document or mark
is still detained and neither of them has been charged with an
offence in relation thereto under either of the sections referred to
in subsection (3), be summoned before a court of summary
jurisdiction to account for his possession of, or the presence on
the vehicle of, the said document or mark, and the court shall
make such order respecting the disposal of the said document or
mark and award such costs as the justice of the case may require.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 40
Obstruction of inspectors.

40. Any person who

(a)wilfully obstructs an inspector acting in the exercise of his
functions under this Part; or

(b)without reasonable cause fails to give an inspector acting as
aforesaid any information, or to produce to any such inspector any
documents, or to allow that inspector to copy any documents, being
information or documents which that inspector may reasonably require
of him for the purpose of the exercise of those functions; or

(c)prevents, or attempts to prevent, any other person from giving
any such information to any inspector acting as aforesaid; or

(d)in giving any such information to any inspector acting as
aforesaid makes any statement which he knows to be false in a
material particular;

Authorisation of inspectors.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 41

41. An inspector appointed under this Part shall, when exercising
his functions under this Part produce, if so required a duly
authenticated document showing his authority to act as such
inspector.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 42
Functions of police.

42.A member of the Royal Ulster Constabulary may exercise the
functions of an inspector appointed under this Part, but it shall
not be necessary for any such member wearing uniform to produce any
authority pursuant to section 41.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 43
Prosecutions.

43.(1) Proceedings for an offence under any of the provisions of
Parts II and III and this Part shall not be instituted except by
the Ministry or by a member of the Royal Ulster Constabulary.

(2) Summary proceedings for an offence under Part II, Part III or
this Part may be commenced at any time within the period of two
years from the date of the commission of the offence, or within
the period of six months from the date on which evidence sufficient
to justify a prosecution for the offence came to the knowledge of
the Ministry, whichever period first expires.

(3) For the purpose of subsection (2) a certificate, purporting to
be issued by the Minister or a secretary or assistant secretary of
the Ministry, as to the date on which such evidence as aforesaid
came to the knowledge of the Ministry, shall be prima facie
evidence thereof.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 44
Remuneration and conditions of employment.

44.(1) The salaries, wages or other remuneration paid by the holder
of a road service licence or an operator's licence to any person
employed by him in connection with the use of motor vehicles to
carry passengers or goods for reward, and the conditions of the
employment of that person, shall

(a)be in accordance with any decision for the time being in force
of a joint industrial council or similar body representing a
substantial number of the holders of road service licences or, as
the case may be, operators' licences and of the persons employed by
them in connection with the use of motor vehicles to carry
passengers or goods for reward, being a decision relating to the
remuneration and conditions of employment of a person so employed in
the same capacity by the holder of a road service licence or, as
the case may be, an operator's licence;

(b)where there is not in force a decision of the kind referred to
in paragraph (a), not be less favourable to that person than the
remuneration which would be payable, and the conditions which would
have to be observed, by a contractor complying with the requirements
of any resolution passed by the House of Commons for the time
being in force and applicable to contracts with departments of the
Government of Northern Ireland.

(2) Any holder of a road service licence or an operator's licence,
or any person employed by the holder of such a licence in
connection with the use of motor vehicles to carry passengers or
goods for reward, or any organisation representative of the holders
of such licences or of the persons so employed by them, may make
representations to the Ministry to the effect that the remuneration
paid to, or the conditions of employment of, any person so employed
by any such holder are not in accordance with the requirements of
subsection (1), and if the matter in dispute is not otherwise
disposed of the Ministry of Health and Social Services shall refer
it to the Industrial Court for settlement.

(3) Where a matter relating to subsection (1)(b) is referred to the
Industrial Court under subsection (2) the Court, in arriving at its
decision, shall have regard to any determination which may be
brought to its notice relating to the remuneration or conditions of
service of persons employed in a capacity similar to that of the
persons to whom the reference relates and contained in a decision
of a joint industrial council or similar body or in an agreement
between organisations representative of employers and work people.

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 45
Regulations for purposes of Parts II, III and IV.

45. The Ministry may make regulations for prescribing anything which
may be prescribed under Part II, Part III or this Part and
generally for the purpose of carrying those Parts into effect, and,
without prejudice to the generality of the foregoing, may make
regulations with respect to any of the following matters:

(a)applications for and the issue of licences under those Parts;

(b)the form of, and the particulars to be included in, those
licences;

(c)the procedure on applications for those licences and for the
amendments of conditions attached to those licences;

(d)the procedure for the determination by the Ministry of questions
in connection with the grant, refusal, suspension and revocation of
those licences and the attachment of conditions to those licences;

(e)the reviewing by the Ministry of the determination of questions
of the kind referred to in paragraph (d);

(f)the documents, plates and marks to be carried in or by vehicles
used under and in accordance with a road service licence and the
manner in which they are to be carried;

(g)the custody of licences granted under Parts II and III, the
production, return or cancellation of those licences on their
expiration, suspension or revocation and the custody, production and
return of any documents, plates or marks prescribed under paragraph
(f) or of any notice or distinguishing mark prescribed under section
26;

(h)the notification to the Ministry of vehicles which have ceased to
be used under vehicle licences;

(i)the exemption from any of the provisions of Parts II and III
and this Part of persons operating or proposing to operate such
transport services as may be specified in the regulations or of
vehicles of such classes or descriptions as may be so specified or
vehicles used for such purposes or in such circumstances as may be
so specified;

[(j)the exemption of vehicles from the requirement of a road service
licence when used under an authorisation granted in pursuance of any
directly applicable Community provision regulating the provision of
international passenger-carrying road transport services;

(k)requiring documents of any prescribed description relevant to the
administration or enforcement of any such Community provision to be
kept and produced on demand for the inspection of a prescribed
person;

(l)prescribing persons to act as authorised inspection officers for
the purposes of any such Community provision.]

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46
Interpretation of ""carriage for reward'' for purposes of Parts II
and III and this Part.

46. For the purpose of Parts II and III and this Part

(a)the expression "reward" shall include consideration of any kind
whether monetary or not;

(b)where a motor vehicle is being used on a road to carry for
reward any passengers or any goods the driver of the vehicle, if
it belongs to him or is in his possession under an agreement for
hire, hire-purchase, credit-sale or loan, and, in any other case,
the person whose agent or servant the driver is, shall be deemed
to be the person by whom the vehicle is being so used (in this
section referred to as "the carrier"):

Provided that where an agreement for the hire of a motor vehicle
which is used to carry passengers or goods on a road is
accompanied by a transfer to the person hiring the vehicle of the
services of a driver thereof, the person by whom the vehicle has
been let on hire shall be deemed to carry such passengers or goods
for reward;

(c)goods carried in a motor vehicle on any road pursuant to any
contract or arrangement

(i)under which the carrier, otherwise than in the ordinary course of
his trade or business, agrees or arranges with any other person to
purchase or obtain any goods in one place and to sell or deliver
such goods subsequently to that person or as directed by him at
another place for a price which exceeds the price paid or payable
by the carrier for the goods by an amount wholly or partly
determined by or based upon or capable of being attributed to the
cost of carrying the goods;

(ii)under which the carrier, otherwise than in the ordinary course
of his trade or business, purchases or agrees to purchase from any
other person any goods which are or are to be carried to some
place for the purpose of being sold there and the price paid or
to be paid by the carrier to the vendor for the goods is less
than the price received or to be received by the carrier on such
sale by an amount wholly or partly determined by or based upon or
capable of being attributed to the cost of carrying the goods; or

<(iii)providing that any motor vehicle belonging to two or more persons as co-owners or as partners may be used by any one of them for the purpose of carrying his goods in return for a contribution made or to be made by him towards the expenses of operating the vehicle or to the partners or co-owners in return for his use of such vehicle;

(c)shall be deemed to be carried for reward;

(d)goods not the property of the carrier shall until the contrary
is proved be deemed to be carried for reward and where the carrier
is a partnership firm or other association of persons goods owned
otherwise than in the like shares in which the vehicle carrying it
is owned shall be deemed not to be the property of the carrier;

[(e)"international road haulage permit" means a licence, permit,
authorisation or other document issued in pursuance of a Community
instrument relating to the carriage of goods by road between member
States or an international agreement to which the United Kingdom is
a party and which relates to the international carriage of goods by
road.][

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46A
Interpretation of certain expressions in Parts II and III.

46A.(1) The following provisions of this section shall have effect
for the interpretation of certain expressions used in sections 5,
6A, 7, 10, 15, 15A, 28A and 29.

[(2) "Conviction" means a conviction by or before a court in a
member State, not being a spent conviction within the meaning of
the Rehabilitation of Offenders (Northern Ireland) Order 1978; and a
reference to a person being convicted of an offence shall be
construed accordingly.]

(3) For the purpose of determining whether a person is or is not
of good repute regard shall be had in particular to the existence
and number of any [convictions (within the meaning of subsection
(2)) relating to the person or any partner, employee or agent of
the person or, in the case of a company, any officer of the
company] during the period of 5 years ending with the date on
which the matter falls to be determined.

(4) A person applying for or holding a road service licence or
road freight operator's licence shall be regarded as having
appropriate financial standing if he has available, or will have
available, to him sufficient financial resources to ensure the
launching and proper administration of the service or undertaking
operated or to be operated by him under that licence.

(5) [In relation to an applicant for, or a holder of, a road
service licence "exempt person" means a person who held, or was one
of the holders of, a relevant licence before 1st January 1978 and,
subject to subsection (5A),] for the purposes of a road service
licence a person shall be regarded as professionally competent

(a)if he held, or was one of the holders of, a [relevant licence]
before 1st January 1975;

(b)if he was before 1st January 1975 employed in a position where
he [was continuously and effectively responsible] for the operation
of motor vehicles used under a [relevant licence] or used for the
carriage of passengers by road in such other circumstances as may
be approved by the Department for the purposes of this section;

[(c)if he is the holder of a certificate issued

(i)by a body approved for the purposes of this section by the
Department, or for the purposes of paragraph 6 of Schedule 3 to
the Transport Act 1980 by the Minister of Transport, or

(ii)by a body or authority designated by any member State other
than the United Kingdom in pursuance of Article 2(4) of the Council
Directive (EEC) 74/562 of 12th November 1974 on admission to the
occupation of road passenger transport operator in national and
international transport operations,






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