Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 44 (AAC)

Fecha: 06-Sep-2021

whether the requirements of sections 12B and 12C are satisfied; and

(a)

whether the requirements of sections 12B and 12C are satisfied; and

(b)

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

(3)

Subsections (1) and (2) are subject to section 10 (publication of application), if applicable, and 47(2) (payment of application fee).

(4)

In considering whether any of the requirements of sections 12A to 12D are satisfied, the Department must have regard to any objection duly made under section 11(1)(a) in respect of the application.

(5)

If the Department determines that any of the requirements that it has taken into consideration in accordance with subsection (1) or (2) are not satisfied, it must refuse the application.

(6)

In any other case the Department must grant the application, unless either of the following provisions applies—

(a)

section 13(2) (power to refuse application on environmental grounds);

(b)section 47(2) (power to refuse to proceed until fee is paid).]

Determination of applications

Requirements for standard licences

12A.(1) The requirements of this section are set out in subsections (2) and (3).

(2)

The first requirement is that the Department is satisfied that the applicant—

(a)

has an effective and stable establishment in Northern Ireland (as determined in such manner as may be prescribed);

(b)

is of good repute (as determined in such manner as may be prescribed

and

(c)

has appropriate financial standing (as determined in such manner as may be prescribed);

(3)

The second requirement is that the Department is satisfied that the applicant

...

(a)

is an individual who—

(i)

is professionally competent (as determined in such manner as may be prescribed) and

(ii)

has designated a suitable number of individuals (which may include the applicant) who satisfy such requirements as may be prescribed, or

(b)

if the applicant is not an individual, or is an individual who is not professionally competent, has designated a suitable number of individuals who satisfy such other requirements as may be prescribed.

(c)

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

(4)

For the purposes of subsection (3), a number of designated individuals is suitable if the Department is satisfied it is proportionate to the maximum numbers of motor vehicles and trailers that may be used by the applicant in accordance with section 5 if the standard licence is issued.

(5)

In this Act, “transport manager” means an individual designated under subsection (3)(a)(ii) or (b).

12B Requirements for restricted licences

12B. The requirement of this section is that the applicant is not unfit to hold an operator’s licence by reason of—

(a)any matter of which particulars are required to be given under section 7; or

(b)any event required to be notified in accordance with section 8(1).

12C Requirements for standard and restricted licences

(1)

The requirements of this section are that it must be possible (taking into account the Department's powers under section 14(3) to issue a licence in terms that differ from those applied for) to issue a licence in relation to which-

(a)

in the case of a light goods vehicle licence, subsections (2) to (4) will apply, or

(b)

in the case of a heavy goods vehicle licence, subsections (2) to (6) will apply.

(2)

There must be satisfactory arrangements for securing that the following are complied with in the case of vehicles used under the licence—

(a)

Article 56 of the Road Traffic (Northern Ireland) Order 1981 (drivers’ hours); and

(b)

the applicable Community rules, within the meaning of Article 2 of that Order.

(3)

There must be satisfactory arrangements for securing that vehicles used under the licence are not overloaded.

(4)

There must be satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition.

(5)

A heavy goods vehicle licence must specify at least one place in Northern Ireland as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds).

(6)

The capacity of the place specified as an operating centre (if there is only one) or both or all of the places so specified taken together (if there is more than one) must be sufficient to provide an operating centre for all the heavy goods vehicles used under the licence.

(7)

In considering whether the requirements of subsections (2) to (6) are satisfied, the Department may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(8)

In considering whether subsection (5) will apply in relation to a licence, the Department may take into account any conditions that could be attached to the licence under section 20(1)(a) (conditions of licences) and may assume that any conditions so attached will not be contravened.

(9)

In considering whether subsection (5) or (6) will apply in relation to a licence, the Department may take into account whether any proposed operating centre of the applicant would be used—

(a)

as an operating centre of the holders of other heavy goods vehicle licences as well as an operating centre of the applicant; or

(b)

by the applicant or by other persons for purposes other than keeping heavy goods vehicles used under the licence.

12D. Further requirement for standard and restricted licences

The requirement of this section is that the provision of the facilities and arrangements for maintaining the vehicles in a fit and serviceable condition is not prejudiced by reason of the applicant's having insufficient financial resources for that purpose.

12E Professional competence for restricted licence holders

12E. As from such date as may be prescribed, section 12B shall have effect as if—