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The Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019

S.R. 2019/6 · Made 21 January 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Road Traffic And Vehicles

Canals And Inland Waterways

Made 21st January 2019

Coming into operation 18th February 2019

The Department for Infrastructuref1 is designated for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to—

(a)

compulsory insurancef3;

(b)

measures relating to the carriage of passengers and goods by roadf4;

(c)

the regulation and supervision of qualifications of persons engaged in road transportf5;

(d)

the regulation of the type, description, construction or equipment of vehicles, the regulation and supervision of the working conditions of persons engaged in road transport, and the testing of roadworthiness of motor vehicles and their trailersf6;

(e)

measures relating to the organisation of working timef7;

(f)

transport of dangerous goodsf8;

(g)

the environmentf9.

The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Annotations to the whole text

Footnotes

f1

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, The Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved.

f2

1972 c.68; section 2(2) is amended by section 27(1)(a) of the Legislative Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7)

f3

S.I. 1972/1811

f4

S.I. 1996/266

f5

S.I. 1975/1707

f6

S.I. 1972/1811, S.I. 1975/1707 and S.I. 1977/1718

f7

S.I. 1997/1174

f8

S.I. 1996/266

f9

S.I. 2008/301

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the European Communities (Motor Vehicles: Compulsory Insurance) Regulations
  3. 3Amendment of the Carriage of Goods (Prohibition of Discrimination) Regulations
  4. 4Amendment of the Road Transport (Qualifications of Operators) (Amendment) Regulations
  5. 5Amendment of the Public Service Vehicles Regulations
  6. 6Amendment of the European Communities (International Passenger Services) Regulations
  7. 7Amendment of the Passenger and Goods Vehicles (Recording Equipment) Regulations
  8. 8Amendment of the Road Vehicles (Testing) (Disclosure of Information) Regulations
  9. 9Amendment of the Road Transport (Working Time) Regulations
  10. 10Amendment of the Drainage (Environmental Impact Assessment) Regulations
  11. 11Amendment of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations
  12. 12Amendment of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations
  13. 13Amendment of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations
  14. 14Amendment of the Community Drivers’ Hours Regulations
  15. 15Amendment of the Goods Vehicles (Qualifications of Operators) Regulations
  16. 16Amendment of the Goods Vehicles (Community Licence) Regulations
  17. 17Amendment of the Road Service Licensing (Community Licences) Regulations
  18. 18Amendment of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations
  19. 19Amendment of the Road Passenger Transport (Qualifications of Operators) Regulations
  20. Signature
  21. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 18th February 2019.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the European Communities (Motor Vehicles: Compulsory Insurance) Regulations

(1)

The European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) for the definition of “the Ministry” substitute ““the Department” means the Department for Infrastructure;”.

(3)

In regulation 6(1) for “the Ministry” substitute “the Department”.

(4)

In regulation 7(4) for “the Ministry, the Ministry” substitute “the Department, the Department”.

3Amendment of the Carriage of Goods (Prohibition of Discrimination) Regulations

In regulation 2(1) of the Carriage of Goods (Prohibition of Discrimination) Regulations (Northern Ireland) 1976f1 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

4Amendment of the Road Transport (Qualifications of Operators) (Amendment) Regulations

For regulation 2 (interpretation) of the Road Transport (Qualifications of Operators) (Amendment) Regulations (Northern Ireland) 1981f1 substitute—

“2.

2. In these Regulations—

  • “the Act of 1967” means the Transport Act (Northern Ireland) 1967f2;

  • “the Department” means the Department for Infrastructure.” .

5Amendment of the Public Service Vehicles Regulations

In regulation 3(1) (interpretation) of the Public Service Vehicles Regulations (Northern Ireland) 1985f1 after the definition of “the Construction and Use Regulations” insert—

  • ““the Department” means the Department for Infrastructure;”.

6Amendment of the European Communities (International Passenger Services) Regulations

In regulation 3(1) (interpretation) of the European Communities (International Passenger Services) Regulations (Northern Ireland) 1987f1 in the definition of “Department” for “Department of the Environment” substitute “Department for Infrastructure”.

7Amendment of the Passenger and Goods Vehicles (Recording Equipment) Regulations

In regulation 2(1) (interpretation) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996f1 in the definition of “Department” for “Department of the Environment for Northern Ireland” substitute “Department for Infrastructure”.

8Amendment of the Road Vehicles (Testing) (Disclosure of Information) Regulations

(1)

The Road Vehicles (Testing) (Disclosure of Information) Regulations (Northern Ireland) 2003f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1 (citation, commencement and interpretation) after paragraph (2) insert—

“(3)

In these Regulations “the Department” means the Department for Infrastructure.”.

(3)

In regulation 2 (disclosure of testing information to member State competent authorities) for “Department of the Environment” substitute “Department”.

9Amendment of the Road Transport (Working Time) Regulations

In regulation 2(2) (interpretation) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005f1 after the definition of “the Community Drivers’ Hours Regulation” insert—

  • ““the Department” means the Department for Infrastructure;”.

10Amendment of the Drainage (Environmental Impact Assessment) Regulations

In regulation 2(1) (interpretation) of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006f1 in the definition of “the Department” for “Department of Culture, Arts and Leisure” substitute “Department for Infrastructure”.

11Amendment of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations

In regulation 2(1) (interpretation) of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations (Northern Ireland) 2007f1 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

12Amendment of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations

In regulation 2(1) (interpretation) of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009f1 after the definition of “the Community Recording Equipment Regulation” insert—

  • ““the Department” means the Department for Infrastructure;”.

13Amendment of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations

(1)

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010f1 are amended in accordance with paragraphs (2) to (4).

(2)

In Regulation 9(1) (authorisations)—

(a)

in column 1 of the table, for “Department of the Environment for Northern Ireland” substitute “Department for Infrastructure”;

(b)

in column 2 of the table, for “Department of the Environment” substitute “Department for Infrastructure”.

(3)

In regulation 21(2) (competent authority) for “Department of the Environment” substitute “Department for Infrastructure”.

(4)

In regulation 28 (enforcement) for “Department of the Environment”, in each place that it occurs, substitute “Department for Infrastructure”.

14Amendment of the Community Drivers’ Hours Regulations

In regulation 2 (interpretation) of the Community Drivers’ Hours Regulations (Northern Ireland) 2012f1 after paragraph (1) insert—

“(1A)

The Department for Infrastructure is the competent authority for the purpose of these Regulations.”.

15Amendment of the Goods Vehicles (Qualifications of Operators) Regulations

In regulation 1(3) (citation, commencement and interpretation) of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012f1 after the definition of “the 2010 Act” insert—

  • ““the Department” means the Department for Infrastructure;”.

16Amendment of the Goods Vehicles (Community Licence) Regulations

In regulation 2(1) (interpretation) of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013f1 in the definition of “Department” for “Department of the Environment” substitute “Department for Infrastructure”.

17Amendment of the Road Service Licensing (Community Licences) Regulations

In regulation 2(1) (interpretation) of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013f1 in the definition of “Department” for “Department of the Environment” substitute “Department for Infrastructure”.

18Amendment of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations

In regulation 1(2) (citation, commencement and interpretation) of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014f1 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

19Amendment of the Road Passenger Transport (Qualifications of Operators) Regulations

In regulation 1(3) (citation, commencement and interpretation) of the Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014f1 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

Signature

Sealed with the Official Seal of the Department for Infrastructure on 21st January 2019

L.S.

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

Article 8(1) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (“the 2016 Order”), transferred departmental functions between Departments, including from the Department of the Environment (DoE) to the Department for Infrastructure (DfI), the Department for Communities and the Department of Agriculture, Environment and Rural Affairs. DoE was subsequently dissolved by the Departments Act (Northern Ireland) 2016.

However the 2016 Order did not specifically address subordinate legislation made under section 2(2) of the European Communities Act 1972. Accordingly, and for transparency, these Regulations are intended to clarify that statutory responsibility for the Statutory Rules hereby amended rests with DfI.

An Explanatory Memorandum has been produced and is available online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr