Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 44 (AAC)

Fecha: 06-Sep-2021

Relevant legislative provisions

Relevant legislative provisions

16.

Sections 2, 12, 12A, 12B, 12C, 12D, 12E, 17, and 24(1) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (‘the 2010 Act’) provide:

“Standard” and “restricted” licences

(1)

An operator's licence may be either a standard licence or a restricted licence.

(2)

A standard licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods—

(a)

for hire or reward, or

(b)

for or in connection with any trade or business carried on by the holder of the licence.

(3)

A restricted licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.

(4)

Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—

(a) a subsidiary of the first company,

(b)

a holding company for the first company, or

(c)

a subsidiary of a company which is a holding company both for that subsidiary and for the first company.

(d)

if the Department thinks fit, whether the requirement of section 12D is satisfied.

(5)

A standard licence may authorise a goods vehicle to be used for the carriage of goods by road—

(a)on both national and international transport operations; or

(b)on national transport operations only.

(6)

Except as provided in subsection (4) and subject to sections 2A and 3, a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)

A person who uses a goods vehicle for carrying goods by road for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.