[F1Local ServiceN.I.
24B.—(1) In Article 24A “local service” means a service using one or more buses, for the carriage of passengers by road at separate fares other than one—
(a)which is excluded by paragraph (4); or
(b)in relation to which (except in an emergency) one or both of the conditions in paragraph (2) are met with respect to every passenger using the service.
(2) The conditions are that—
(a)the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;
(b)some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places.
(3) Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more of the parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of paragraph (1).
(4) A service shall not be regarded for the purposes of Article 24A as a local service if—
(a)the conditions set out in paragraphs (5) to (8) (trips organised privately by persons acting independently of public service vehicle operators) are met in respect of each journey by the vehicles used in providing the service; or
(b)every vehicle used in providing the service is so used under a permit granted under Section 10B of the Transport Act (Northern Ireland) 1967.
(5) The arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of—
(a)the holder of the Road Service licence under which the vehicle is to be used, if such a licence is in force;
(b)the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,
and otherwise than by any person who receives any remuneration in respect of the arrangements.
(6) The journey must be made without previous advertisement to the public of the arrangements therefor.
(7) All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.
(8) No differentiation of fares for the journey on the basis of distance or time must be made.
(9) For the purposes of this Article—
(a)a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;
(b)a payment shall be treated as made for the carrying of a passenger if made in consideration of a person being given a right to be carried, whether for one or more journeys and whether or not the right is exercised; and
(c)where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of sub-paragraphs (a) and (b) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator's control, part of that journey may be made by road.]
F1Arts. 24A - 24B inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 5