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

S.R. 2019/6 · made 21 January 2019

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.

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/road-traffic-and-vehicles-and-waterways-amendment-regulations-northern-ireland-2019/pdf/nisr_20190006_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/road-traffic-and-vehicles-and-waterways-amendment-regulations-northern-ireland-2019/pdf/nisrem_20190006_en.pdf

## Introductory text

Road Traffic And Vehicles
Canals And Inland Waterways
Made 21st January 2019
Coming into operation 18th February 2019
The Department for Infrastructure is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—
(a) compulsory insurance;
(b) measures relating to the carriage of passengers and goods by road;
(c) the regulation and supervision of qualifications of persons engaged in road transport;
(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 trailers;
(e) measures relating to the organisation of working time;
(f) transport of dangerous goods;
(g) the environment.
The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

## 1 Citation, 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) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

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

(1) The European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973 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”.

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

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

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

For regulation 2 (interpretation) of the Road Transport (Qualifications of Operators) (Amendment) Regulations (Northern Ireland) 1981 substitute—
“2. 2. In these Regulations—
“the Act of 1967” means the Transport Act (Northern Ireland) 1967;
“the Department” means the Department for Infrastructure.” .

## 5 Amendment of the Public Service Vehicles Regulations

In regulation 3(1) (interpretation) of the Public Service Vehicles Regulations (Northern Ireland) 1985 after the definition of “the Construction and Use Regulations” insert—
““the Department” means the Department for Infrastructure;”.

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

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

## 7 Amendment 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) 1996 in the definition of “Department” for “Department of the Environment for Northern Ireland” substitute “Department for Infrastructure”.

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

(1) The Road Vehicles (Testing) (Disclosure of Information) Regulations (Northern Ireland) 2003 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”.

## 9 Amendment of the Road Transport (Working Time) Regulations

In regulation 2(2) (interpretation) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 after the definition of “the Community Drivers’ Hours Regulation” insert—
““the Department” means the Department for Infrastructure;”.

## 10 Amendment of the Drainage (Environmental Impact Assessment) Regulations

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

## 11 Amendment 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) 2007 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

## 12 Amendment 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) 2009 after the definition of “the Community Recording Equipment Regulation” insert—
““the Department” means the Department for Infrastructure;”.

## 13 Amendment 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) 2010 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”.

## 14 Amendment of the Community Drivers’ Hours Regulations

In regulation 2 (interpretation) of the Community Drivers’ Hours Regulations (Northern Ireland) 2012 after paragraph (1) insert—
“(1A) The Department for Infrastructure is the competent authority for the purpose of these Regulations.”.

## 15 Amendment 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) 2012 after the definition of “the 2010 Act” insert—
““the Department” means the Department for Infrastructure;”.

## 16 Amendment of the Goods Vehicles (Community Licence) Regulations

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

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

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

## 18 Amendment 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) 2014 in the definition of “the Department” for “Department of the Environment” substitute “Department for Infrastructure”.

## 19 Amendment 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) 2014 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

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Source: https://www.legislation.gov.uk/nisr/2019/6 (the official version)
Page: https://openlegislation.uk/road-traffic-and-vehicles-and-waterways-amendment-regulations-northern-ireland-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.