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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Goods Vehicles (Licensing of Operators) (2010 Act) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2012 No. 262 (C. 23) URL: http://www.bailii.org/nie/legis/num_reg/2012/nisr_2012262_en_1.html |
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Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Made
28th June 2012
The Department of the Environment makes the following Order in exercise of the powers conferred by section 60(2) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(1).
1.-(1) This Order may be cited as the Goods Vehicles (Licensing of Operators) (2010 Act) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2012.
(2) In this Order-
"the Act" means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010;
"the 1967 Act" means the Transport Act (Northern Ireland) 1967(2);
"existing operator's licence" means a licence within the meaning of section 14 of the 1967 Act which was in force immediately before the day appointed in Article 2;
"existing vehicle licence" means a licence within the meaning of section 17 of the 1967 Act which was in force immediately before the day appointed in Article 2.
2. The day appointed for the coming into operation of the Act, in so far as it is not already in operation, is 1st July 2012.
3. Where an application for an existing operator's licence has been made under the 1967 Act but not determined by the appointed day, the application shall continue to be determined under the provisions of the 1967 Act.
4.-(1) An existing operator's licence which is due to expire on or after the day appointed in Article 2 shall-
(a)be regarded as a standard licence under the Act; and
(b)continue in force until the expiry date of that licence unless revoked or terminated under any provision of the Act.
(2) Any revocation or suspension of an existing operator's licence in force on the day appointed in Article 2 shall be regarded as a revocation or suspension under section 23 of the Act or a revocation under section 24 of the Act.
(3) Sections 9 and 10 of the Act shall not apply to applications under section 7 of the Act where an existing operator's licence was in force immediately prior to that application.
5.-(1) An existing vehicle licence which is due to expire on or after the day appointed in Article 2 shall-
(a)be regarded as a motor vehicle identification disc under regulation 21 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012(3); and
(b)continue in force as long as that vehicle is specified on a licence referred to in Article 4 unless replaced, revoked or terminated under any provision of the Act.
(2) Any revocation or suspension of an existing vehicle licence in force on the day appointed in Article 2 shall be regarded as a curtailment under section 23 of the Act.
6.-(1) Subject to paragraph (2), where an application for a restricted licence is received by the Department and the applicant-
(a)can demonstrate that they have been operating a business immediately prior to the day appointed in Article 2;
(b)agrees to certain undertakings/conditions as required by the Department; and
(c)pays the appropriate fee in accordance with regulation 2 of the Goods Vehicles (Licensing of Operators) (Fees) Regulations (Northern Ireland) 2012(4),
the Department may issue the applicant with a temporary permit which shall have effect as if it were a restricted licence granted under section 12 of the Act.
(2) Any temporary permit issued, unless suspended or revoked under the Act, shall cease to have effect-
(a)on the grant of the restricted licence pursuant to the outstanding application; or
(b)where no such licence is granted on the expiry of the period of 28 days commencing on the date specified in paragraph (3).
(3) The date referred to in paragraph (2)(b) is-
(a)the date of the Department's refusal given in accordance with regulation 20 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 in relation to the outstanding application; or
(b)where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
(4) Sections 9 and 10 of the Act shall not apply to applications for a restricted licence under paragraph (1).
(5) Where the Department issues a temporary permit in accordance with paragraph (1), it will provide certified true copies which must be carried on board any motor vehicle to be used under the permit.
Sealed with the Official Seal of the Department of the Environment on 28th June 2012
Iain Greenway
A senior officer of the
Department of the Environment
(This note is not part of the Order)
This Order brings into operation all of the provisions of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ("the 2010 Act") insofar as they are not already in operation.
Article 3 makes transitional arrangements to allow applications for an operator's licence made under the Transport Act (Northern Ireland) 1967 ("the 1967 Act") but not determined by the coming into operation date of the 2010 Act to continue to be determined under the provisions of the 1967 Act.
Article 4 makes transitional arrangements for the holders of road freight operator's licences issued under section 14 of the 1967 Act so that those licences are treated as standard licences under the 2010 Act until they expire.
Article 5 makes transitional arrangements for road freight vehicle licences issued under section 17 of the 1967 Act so that those licences are treated as vehicle identification discs issued under the 2010 Act until they expire.
Article 6 makes provision for the issue of temporary permits to those operators who apply for a restricted licence and who have been operating their business immediately prior to the coming into the operation of the Act until such time as their application has been processed.
A Regulatory Impact Assessment has been prepared and copies are available from Transport Regulation Unit, Department of the Environment, Bedford House, 16 -� 22 Bedford Street, Town Parks, Belfast BT2 7FD or viewed online at http://www.legislation.gov.uk/nisr
(This note is not part of the Order)
The following provisions of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 have been brought into operation by commencement order made before the date of this Order.
| Provision | Date of Commencement | S.R. No. |
|---|---|---|
| Sections 1, 4, 7 to 13 (partially), 16 to 18 (partially), 20 (partially), 27 and 28 (partially), 30 to 32 (partially), 34, 44, 47, 48, 49, 52 and 53 (partially) and Schedules 1 and 2 (partially) | 22nd June 2012 | 2012 No. 247 (C.22) |
Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Made
28th June 2012
The Department of the Environment makes the following Order in exercise of the powers conferred by section 60(2) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(1).
1.-(1) This Order may be cited as the Goods Vehicles (Licensing of Operators) (2010 Act) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2012.
(2) In this Order-
"the Act" means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010;
"the 1967 Act" means the Transport Act (Northern Ireland) 1967(2);
"existing operator's licence" means a licence within the meaning of section 14 of the 1967 Act which was in force immediately before the day appointed in Article 2;
"existing vehicle licence" means a licence within the meaning of section 17 of the 1967 Act which was in force immediately before the day appointed in Article 2.
2. The day appointed for the coming into operation of the Act, in so far as it is not already in operation, is 1st July 2012.
3. Where an application for an existing operator's licence has been made under the 1967 Act but not determined by the appointed day, the application shall continue to be determined under the provisions of the 1967 Act.
4.-(1) An existing operator's licence which is due to expire on or after the day appointed in Article 2 shall-
(a)be regarded as a standard licence under the Act; and
(b)continue in force until the expiry date of that licence unless revoked or terminated under any provision of the Act.
(2) Any revocation or suspension of an existing operator's licence in force on the day appointed in Article 2 shall be regarded as a revocation or suspension under section 23 of the Act or a revocation under section 24 of the Act.
(3) Sections 9 and 10 of the Act shall not apply to applications under section 7 of the Act where an existing operator's licence was in force immediately prior to that application.
5.-(1) An existing vehicle licence which is due to expire on or after the day appointed in Article 2 shall-
(a)be regarded as a motor vehicle identification disc under regulation 21 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012(3); and
(b)continue in force as long as that vehicle is specified on a licence referred to in Article 4 unless replaced, revoked or terminated under any provision of the Act.
(2) Any revocation or suspension of an existing vehicle licence in force on the day appointed in Article 2 shall be regarded as a curtailment under section 23 of the Act.
6.-(1) Subject to paragraph (2), where an application for a restricted licence is received by the Department and the applicant-
(a)can demonstrate that they have been operating a business immediately prior to the day appointed in Article 2;
(b)agrees to certain undertakings/conditions as required by the Department; and
(c)pays the appropriate fee in accordance with regulation 2 of the Goods Vehicles (Licensing of Operators) (Fees) Regulations (Northern Ireland) 2012(4),
the Department may issue the applicant with a temporary permit which shall have effect as if it were a restricted licence granted under section 12 of the Act.
(2) Any temporary permit issued, unless suspended or revoked under the Act, shall cease to have effect-
(a)on the grant of the restricted licence pursuant to the outstanding application; or
(b)where no such licence is granted on the expiry of the period of 28 days commencing on the date specified in paragraph (3).
(3) The date referred to in paragraph (2)(b) is-
(a)the date of the Department's refusal given in accordance with regulation 20 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 in relation to the outstanding application; or
(b)where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
(4) Sections 9 and 10 of the Act shall not apply to applications for a restricted licence under paragraph (1).
(5) Where the Department issues a temporary permit in accordance with paragraph (1), it will provide certified true copies which must be carried on board any motor vehicle to be used under the permit.
Sealed with the Official Seal of the Department of the Environment on 28th June 2012
Iain Greenway
A senior officer of the
Department of the Environment
(This note is not part of the Order)
This Order brings into operation all of the provisions of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ("the 2010 Act") insofar as they are not already in operation.
Article 3 makes transitional arrangements to allow applications for an operator's licence made under the Transport Act (Northern Ireland) 1967 ("the 1967 Act") but not determined by the coming into operation date of the 2010 Act to continue to be determined under the provisions of the 1967 Act.
Article 4 makes transitional arrangements for the holders of road freight operator's licences issued under section 14 of the 1967 Act so that those licences are treated as standard licences under the 2010 Act until they expire.
Article 5 makes transitional arrangements for road freight vehicle licences issued under section 17 of the 1967 Act so that those licences are treated as vehicle identification discs issued under the 2010 Act until they expire.
Article 6 makes provision for the issue of temporary permits to those operators who apply for a restricted licence and who have been operating their business immediately prior to the coming into the operation of the Act until such time as their application has been processed.
A Regulatory Impact Assessment has been prepared and copies are available from Transport Regulation Unit, Department of the Environment, Bedford House, 16 -� 22 Bedford Street, Town Parks, Belfast BT2 7FD or viewed online at http://www.legislation.gov.uk/nisr
(This note is not part of the Order)
The following provisions of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 have been brought into operation by commencement order made before the date of this Order.
| Provision | Date of Commencement | S.R. No. |
|---|---|---|
| Sections 1, 4, 7 to 13 (partially), 16 to 18 (partially), 20 (partially), 27 and 28 (partially), 30 to 32 (partially), 34, 44, 47, 48, 49, 52 and 53 (partially) and Schedules 1 and 2 (partially) | 22nd June 2012 | 2012 No. 247 (C.22) |
