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

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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,

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.

[In this subsection and subsection (5A) "relevant licence" means

(i)a road service licence, or

(ii)a licence or other authorisation granted in a member State which
authorises the holder to provide a service for the carriage of passengers by
road for reward.]

[(5A) A person shall not be regarded

(a)for the purposes of subsection (5)(a) as the holder, or one of the holders
of, a relevant licence, other than a road service licence, at any time;

(b)for the purposes of subsection (5)(b) as being employed in a position where
he was continuously and effectively responsible for the operation of
motor vehicles used under a relevant licence, other than a
road service licence, at any time;

(6) [In relation to an applicant for, or a holder of, a road freight
operator's 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 (6A),] for the purposes of a road freight operator's 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 goods vehicles
used under a [relevant licence] or used for the carriage of goods 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 this section by the Department, or for the purposes of Regulation 9 of the
Goods Vehicle Operators (Qualifications) Regulations 1977 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 3(4) of the Council Directive (EEC)
74/561 of 12th November 1974 on admission to the occupation of road haulage
operator in national and international transport operations,

goods vehicles used under a [relevant
licence] or used for the carriage of goods by road in such other circumstances
as may be approved by the Department for the purposes of this section.

[In this subsection and subsection (6A) "relevant licence" means

(i)a road freight operator's licence; or

(ii)a licence or other authorisation granted in a member State which
authorises the holder to carry goods by road for reward.]

[(6A) A person shall not be regarded

(a)for the purposes of subsection (6)(a) as the holder, or one of the holders,
of a relevant licence, other than a road freight operator's licence, at any
time;

(b)for the purposes of subsection (6)(b) as being employed in a position where
he was continuously and effectively responsible for the operation of goods
vehicles used under a relevant licence, other than a road freight operator's
licence, at any time;

(7) Where two or more individuals trading in partnership apply for, or are the
holders of, a road service licence or a road freight operator's licence, the
applicant for, or as the case may be the holder of, the licence shall be
regarded as professionally competent if one of those individuals who is
[continuously and effectively responsible] for the operation of the vehicles
used under the licence is professionally competent.]

Establishment of the Northern Ireland Transport Holding Company.

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Northern Irish Legislation

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46A