The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019

In these Regulations—

• “the 1967 Act” means the Transport Act (Northern Ireland) 1967^f1;

• “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995^f2;

• “bus operator’s licence” means a bus operator’s licence within the meaning of section 4^f3 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;

• F1“Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;

• “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^f4;

• F2“RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—

  1. (a)

     Annexes 32, 33 and 34 to the Trade and Cooperation Agreement, and

  2. (b)

     Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

• “RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;

• “Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;

• F3...^f5

For the purposes of F4the RPT Chapter, Interbus and the RSR Protocol , “authorised inspecting officer” means—

Terms and expressions used in F5the RPT Chapter, Interbus or the RSR Protocol have the same meaning in these Regulations.

The Interpretation Act (Northern Ireland) 1954^f6 shall apply to these Regulations as it applies to an Act of the Assembly.

The road passenger transport agreements, in their English language version, form part of the law of Northern Ireland on and after 1st April 2025.

Any statutory provision has effect on and after 1st April 2025 with such modifications as—

Paragraphs (1) and (2)—

For the purposes of this regulation—

F2... The competent authority for the purposes of F3the RPT Chapter, Interbus, the RSR Protocol and of these Regulations is the Department.

It is the duty of the Department to perform the functions conferred on the competent authority by the provisions specified in paragraph (1).

This regulation applies to a vehicle not registered in the United Kingdom but which is registered in F1a Member State, an EEA State or an Interbus State, and which is being used in Northern Ireland in accordance with—

In relation to a vehicle to which this regulation applies—

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

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.

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.

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.

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.

The Department may refuse to issue F1an or authorisation to an applicant if the applicant fails to supply any information that the Department may reasonably request pursuant to F2—

Article 9(3) of the RSR Protocol; or

Article 478(3) of the RPT Chapter.

The holder of F3an 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 F4... authorisation.

A person who fails to supply any information required under paragraph (2) may have the F5... authorisation, and any certified true copies of it, withdrawn by the Department.

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

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.

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

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

In section 34(a) (forgery of licences)^f1, 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”.

In section 35(f) (false statements)^f2, 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”.

In section 81(1) (interpretation)^f3, 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;”.

The Road Traffic (Northern Ireland) Order 1981^f1 is amended in accordance with paragraphs (2) to (4).

In Article 84(2) (power in certain cases to prohibit driving of foreign vehicles)^f2, in sub-paragraph (b), after “statutory provisions” insert “or the provision of the EU instrument”.

In Schedule 1 (statutory provisions conferring functions on authorised officers)^f3, after the entry relating to Articles 86 and 87 of the 1995 Order, insert—

“

Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ No. L321, 26.11.2002, p. 13).	To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.
Article 20 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement).	To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.

”

In Schedule 2 (statutory provisions relating to vehicles and their drivers)^f4—

It is an offence—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person guilty of F2an offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.