Citation and commencementN.I.

1.  These Regulations may be cited as the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 and shall come into operation on 28th March 2019.

InterpretationN.I.

2.—(1) In these Regulations—

“the 1967 Act” means the Transport Act (Northern Ireland) 1967(6);

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995(7);

“bus operator’s licence” means a bus operator’s licence within the meaning of section 4(8) of the 1967 Act;

“Department” means the Department for Infrastructure;

“EEA State” means a State, not being a Member State, which is a party to the EEA Agreement;

“Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus(9);

“Regulation 1071/2009” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator(10);

“Regulation 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services(11).

(2) For the purposes of Regulation 1073/2009 and Interbus, “authorised inspecting officer” means—

(a)a constable in uniform; or

(b)a vehicle examiner appointed under Article 74 of the 1995 Order.

(3) Terms and expressions used in Regulation 1073/2009 or Interbus have the same meaning in these Regulations.

(4) The Interpretation Act (Northern Ireland) 1954(12) shall apply to these Regulations as it applies to an Act of the Assembly.

Competent authorityN.I.

3.  F1... The competent authority for the purposes of Regulation 1073/2009, Interbus and of these Regulations is the Department.

Use of a public service vehicle not registered in the United KingdomN.I.

4.—(1) This regulation applies to a vehicle not registered in the United Kingdom but which is registered in [F2a] Member State, an EEA State or an Interbus State, and which is being used in Northern Ireland in accordance with—

(a)Interbus for the provision of liberalised occasional services or non-liberalised occasional services; or

(b)Regulation 1073/2009—

(i)for the provision of occasional services, regular services or special regular services; or

(ii)for authorised cabotage operations as provided for in Article 15 of that Regulation.

(2) In relation to a vehicle to which this regulation applies—

(a)the 1967 Act has effect as if section 4 (grant of road service licences) was omitted; and

(b)none of the provisions of the Public Service Vehicles Regulations (Northern Ireland) 1985(13) and the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(14) shall have effect.

(3) In this regulation, “Interbus State” means a State, not being a Member State, which is a contracting party to Interbus.

FeesN.I.

5.—(1) An applicant for a control document shall pay to the Department, when an application is made, a fee of £5.50 for a single waybill or £13.00 for a book of 25 waybills.

(2) An applicant for an authorisation shall pay to the Department, when an application is made, a fee of £140.00 in respect of the application.

(3) An applicant for an authorisation shall pay to the Department, before the authorisation is issued, in addition to the fee required by paragraph (2), a fee of £30.00 in respect of each year of validity of the authorisation.

(4) An applicant for a certified copy of an authorisation shall pay to the Department, when an application is made, a fee of £10.00 in respect of each copy requested.

Control documents for cabotage operationsN.I.

F36.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of a Community licence and authorisationN.I.

F47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of a Community licenceN.I.

F58.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of appealN.I.

F69.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information F7...N.I.

10.—(1) The Department may refuse to issue [F8an] or authorisation to an applicant if the applicant fails to supply any information that the Department may reasonably request pursuant to [F9Article] 7(3) of Regulation 1073/2009 for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 3(1) of that Regulation.

(2) The holder of [F10an] or authorisation shall supply such information as the Department may reasonably require from time to time to enable it to decide whether the holder is entitled to retain the F11... authorisation.

(3) A person who fails to supply any information required under paragraph (2) may have the F12... authorisation, and any certified true copies of it, withdrawn by the Department.

Power to stopN.I.

11.—(1) Paragraph (2) applies if it appears to an authorised officer that a vehicle is being used in circumstances such that—

(a)a Community licence,

(b)an authorisation, or

(c)a control document,

may be required.

(2) The authorised officer may direct the driver to stop the vehicle so that they can conduct checks as to whether an offence has been committed under these Regulations.

(3) In this regulation “authorised officer” means an officer appointed under Article 74 of the 1995 Order.

Death, bankruptcy etc. of holder of Community licenceN.I.

F1312.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Transport Act (Northern Ireland) 1967N.I.

13.—(1) The 1967 Act is amended in accordance with paragraphs (2) to (4).

(2) In section 34(a) (forgery of licences)(15), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.

(3) In section 35(f) (false statements)(16), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.

(4) In section 81(1) (interpretation)(17), after the definition of “the 2009 Regulation” insert—

“Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;”.

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

14.—(1) The Road Traffic (Northern Ireland) Order 1981(18) is amended in accordance with paragraphs (2) to (4).

(2) In Article 84(2) (power in certain cases to prohibit driving of foreign vehicles)(19), in sub-paragraph (b), after “statutory provisions” insert “or the provision of the EU instrument”.

(3) In Schedule 1 (statutory provisions conferring functions on authorised officers)(20), after the entry relating to Articles 86 and 87 of the 1995 Order, insert—

(4) In Schedule 2 (statutory provisions relating to vehicles and their drivers)(21)—

(a)for the entry relating to regulation 3 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013(22) substitute—

(b)for the entry relating to regulation 8 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 substitute—

Amendment of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014N.I.

15.  In regulation 7(2)(b) (determination in respect of a transport manager: disqualification orders) of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014(23), for “Article 8.3” substitute “Article 8.8”.

OffencesN.I.

16.—(1) Any person who breaches a provision of—

(a)Regulation 1073/2009 set out in Schedule 1; or

(b)Interbus set out in Schedule 2,

is guilty of an offence.

(2) It is an offence—

(a)intentionally to obstruct any person acting in the execution or enforcement of these Regulations;

(b)without reasonable cause, to fail to give to any such person any assistance or information which that person may reasonably require under these Regulations;

(c)to furnish to any such person information knowing it to be false or misleading; or

(d)to fail to produce a document or record to any such person when required to do so.

Bodies corporateN.I.

17.  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 his functions of management as if he were a director of the body corporate.

PenaltiesN.I.

18.—(1) A person guilty of an offence under Article 4(1) of Regulation 1073/2009 (requirement to possess a Community licence) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) A person guilty of any other offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

RevocationsN.I.

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

Sealed with the Official Seal of the Department for Infrastructure on 4th March 2019

Tom Reid

A senior officer of the

Department for Infrastructure

Sealed with the Official Seal of the Department of Finance on 4th March 2019

Emer Morelli

A senior officer of the

Department of Finance

Regulation 16

SCHEDULE 1N.I.Offences for breach of Regulation 1073/2009

Regulation 16

SCHEDULE 2N.I.Offences for breach of Interbus

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013. They implement Regulation (EC) No 1073/2009 (“the EU Regulation”) of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (OJ No L300, 14.11.2009, p. 88; “the EU Regulation”) and the Agreement on the international occasional carriage of passengers by coach and bus (OJ No L321, 26.11.2002, p. 13; “the Interbus Agreement”).

The EU Regulation and the Interbus Agreement establish rules allowing access to the market for the provision of international bus and coach services.

In particular the EU Regulation provides for a Community licence and makes provision in relation to regular services, special regular services, occasional services and cabotage, requiring an authorisation for the operation of regular services and the carrying of control documents. Relevant terms are defined in Article 2 of the EU Regulation.

The Interbus Agreement makes provision in relation to occasional services from States which are contracting parties to the Agreement, requiring an authorisation in relation to non-liberalised occasional services and the carrying of control documents in relation to liberalised occasional services. Relevant terms are defined in Article 3 of the Agreement.

Regulation 3 designates the Department for Infrastructure (“the Department”) as the competent authority for the purposes of the EU Regulation and the Interbus Agreement.

Regulation 4 disapplies certain domestic road transport requirements for public service vehicles not registered in the United Kingdom but providing services under the EU Regulation or the Interbus Agreement.

Regulation 5 makes provision for the payment of fees to the Department for the issue of control documents or an authorisation. Regulation 6 makes provision in relation to the retention of control documents. Regulation 7 confers entitlement to a Community licence on the basis of possessing the relevant Northern Ireland bus operator’s licence.

Regulations 8 to 10 make provision in relation to information to be supplied with applications for a Community licence, the withdrawal of Community licences and appeals against withdrawal.

Regulation 11 gives power to authorised officers (as defined in that regulation) to stop vehicles to check whether an offence under the Regulations has been committed. Offences are set out in regulation 16 and Schedules 1 and 2 and regulation 18 provides that they are punishable on summary conviction by a fine not exceeding level 3 under these Regulations or level 4 under Article 4(1) of Regulation 1073/2009 on the standard scale.

Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 12) and for offences which may be committed by a body corporate (regulation 17).

In addition provision is made for the amendment of other relevant legislation (regulations 13, 14 and 15).

An Explanatory Memorandum has been produced and is available from the Transport Strategy Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside these Regulations at http://www.legislation.gov.uk/nisr.