Section 46 Interpretation of “carriage for reward” for purposes of Part 2 and this Part.F2F1
Northern Ireland
For the purpose of Part 2 and this Part—
the expression “reward” shall include consideration of any kind whether monetary or notF3, but shall not include any payment in respect of a journey in a motor vehicle in circumstances where the conditions set out in Article 66A(2) of the Road Traffic (Northern Ireland) Order 1981 (car-sharing arrangements) are satisfiedF4 or any payment in respect of a journey in a motor vehicle exempted from licensing requirements by virtue of section 10A
where a motor vehicle is being used on a road to carry for reward any passengers F5... the driver of the vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase, credit-sale or loan, and, in any other case, the person whose agent or servant the driver is, shall be deemed to be the person by whom the vehicle is being so used (in this section referred to as “the carrier” ):
Provided that where an agreement for the hire of a motor vehicle which is used to carry passengers ... on a road is accompanied by a transfer to the person hiring the vehicle of the services of a driver thereof, the person by whom the vehicle has been let on hire shall be deemed to carry such passengers ... for rewardF6 unless the person to whom the vehicle has been let on hire uses the vehicle to carry such passengers ...for reward in the course of a business of carrying passengers ... for reward;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
mod. by SR 1987/187, 383
- F2
Words in s. 46 substituted (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 3 para. 7; S.R. 2012/262, art. 2 (with arts. 4-6)
- F3
- F4
- F5
Words in s. 46(b) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)
- F6
- F7
S. 46(c) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)
- F8
S. 46(d) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)
- F9
S. 46(e) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)
Notes on the whole Act
Textual amendments
- F1
Certain functions transf. by SR 1999/481
Notes on Part IV
Modifications
- C1
Pt. IV: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))