Road Transport Act 2011

1.

Interpretation.

1.— In this Act—

“certificate of professional competence” means a certificate issued as proof of professional competence in road haulage or passenger transport for the purposes of the EU Road Transport Operators Regulation;

“certified copy of a Community licence” means a copy of a Community licence duly certified by or on behalf of the issuing authority in the Member State concerned to be a true copy of the Community licence;

“Community licence” means a licence issued in accordance with the EU Haulage Regulation or the EU Coach and Bus Services Regulation;

“driver attestation” means an attestation issued in accordance with the EU Haulage Regulation;

“EU Coach and Bus Services Regulation” means Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 1;

“EU Haulage Regulation” means Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 2;

“EU Regulations” means the EU Coach and Bus Services Regulation, the EU Haulage Regulation and the EU Road Transport Operators Regulation;

“EU Road Transport Operators Regulation” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 3;

“goods” means any item, material or thing that can be transported by road, whether it has a commercial use or value or not, but does not include a passenger’s luggage or post;

“licensing document” means an operator’s licence, Community licence, certified copy of a Community licence, certificate of professional competence, driver attestation, transport disc or any other ancillary document issued with any of the foregoing;

“Minister” means Minister for Transport, Tourism and Sport;

“occupation of road haulage operator” has the meaning assigned to it by Article 2(1) of the EU Road Transport Operators Regulation, that is to say, the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;

“occupation of road passenger transport operator” has the meaning assigned to it by Article 2(2) of the EU Road Transport Operators Regulation, that is to say, the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than 9 persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser;

“occupation of road transport operator” has the meaning assigned to it by Article 2(3) of the EU Road Transport Operators Regulation, that is to say, the occupation of road passenger transport operator or the occupation of road haulage operator;

“operator” means, as the case may be, the holder of or applicant for an operator’s licence;

“operator’s licence” has the meaning assigned to it by section 2 of the Road Traffic and Transport Act 2006;

“requirement of good repute” means the requirement of good repute set out in section 2(2) of the Road Traffic and Transport Act 2006 and Article 6 of the EU Road Transport Operators Regulation;

“road passenger transport operator” means any undertaking engaging in the occupation of road passenger transport operator;

“road haulage operator” means any undertaking engaging in the occupation of road haulage operator;

“road transport business” means any business or activity relating to the provision of road haulage or road passenger transport;

“road transport operator” means any undertaking engaging in the occupation of road haulage operator or road passenger transport operator;

“shadow operator”, in relation to an operator’s licence, means a person who is not the operator but who—

( a) by reason of any understanding, arrangement or direction in relation to any profit or gain from the operation of the licence held or applied for enjoys or is entitled to any such profit or gain, or

( b) controls or conducts the activities of such operator under any such licence held or applied for, either directly or indirectly;

“specified position” means, where the operator is—

( a) an individual, his or her transport manager,

( b) a company, a director of the company, its secretary or transport manager,

( c) a partnership, a partner or the transport manager of the partnership, or

( d) a cooperative, its secretary, transport manager or any member of its committee of management;

“transport manager” has the meaning assigned to it by Article 2(5) of the EU Road Transport Operators Regulation, that is to say, a natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking;

“transport disc” means a transport disc issued under section 4 of the Road Transport Act 1999;

“transport officer” has the meaning assigned to it by section 16 ;

“undertaking” has the meaning assigned to it by Article 2(4) of the EU Road Transport Operators Regulation, that is to say, any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality, engaged in the transport of passengers or any natural or legal person engaged in the transport of freight with a commercial purpose;

“vehicle” means any passenger or goods vehicle, with or without a trailer;

“withdraw or suspend”, in relation to a licensing document, includes—

( a) the withdrawal of the licensing document for the remainder of its duration,

( b) the suspension of the licensing document, or

( c) in the case of an operator’s licence, the suspension of the licence in relation to such vehicles specified on the operator’s licence as the Minister may decide—

(i) for such a period of time that he or she decides, or

(ii) until any conditions or requirements that he or she specifies are met to his or her satisfaction.