# Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Text with EEA relevance), Article 16: National electronic registers

Extent: E+W+S+N.I.

1. For the purposes of the implementation of this Regulation, and in particular Articles 11 to 14 thereof , the competent authority must keep a national electronic register of road transport undertakings which have been authorised to engage in the occupation of road transport operator. The data contained in that register must be processed under the supervision of the Minister. The relevant data contained in the national electronic register must be accessible to any competent authority.
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2. The national electronic register must contain at least the following data:
(a) the name and legal form of the undertaking;
(b) the address of its establishment;
(c) the names of the transport managers designated as meeting the requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;
(d) the type of authorisation, the number of vehicles it covers and, where appropriate, the serial number of the UK licence for the Community or of the Community licence and of their certified copies;
(e) the number, category and type of serious infringements, as referred to in Article 6(1)(b), which have resulted in a conviction or penalty during the last 2 years;
(f) the name of any person declared to be unfit to manage the transport activities of an undertaking, as long as the good repute of that person has not been re-established pursuant to Article 6(3), and the rehabilitation measures applicable;
(g) in the case of an undertaking which engages in the occupation of road haulage operator, the registration numbers of the vehicles at the disposal of the undertaking;
(h) in the case of an undertaking which engages in the occupation of road haulage operator, the risk rating band of the undertaking.
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The Minister may choose to keep the data referred to in points (e) to (h) of the first subparagraph in separate registers. In such cases, the data referred to in points (e) and (f) must be made available upon request or be directly accessible to all the competent authorities. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in accordance with the relevant provisions on personal data protection.
The data referred to in points (g) and (h) of the first subparagraph must be made available to the competent authorities during roadside checks.
The data referred to in points (e) to (h) of the first subparagraph shall only be accessible to authorities other than the competent authorities where they are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to, or otherwise are under a formal obligation of, secrecy.
3. Data concerning an undertaking whose authorisation has been suspended or withdrawn shall remain in the national electronic register for 2 years from the expiry of the suspension or the withdrawal of the licence, and shall thereafter be immediately removed.
Data concerning any person declared to be unfit for the occupation of road transport operator shall remain in the national electronic register as long as the good repute of that person has not been re-established pursuant to Article 6(3). Where such a rehabilitation measure or any other measure having an equivalent effect is taken, the data shall be immediately removed.
The data referred to in the first and second subparagraphs shall specify the reasons for the suspension or withdrawal of the authorisation or the declaration of unfitness, as appropriate, and the corresponding duration.
4. The Minister must take all necessary measures to ensure that all the data contained in the national electronic register is kept up to date and is accurate ....
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Source: https://www.legislation.gov.uk/eur/2009/1071/article/16 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-1071/article-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.