Road Transport Act 2011

19.

Amendment of section 2 of Road Traffic and Transport Act 2006.

19.— Section 2 of the Road Traffic and Transport Act 2006 is amended—

(a) in subsection (2), by substituting “is of good repute, is established in the State, has appropriate financial standing” for “is of good repute, appropriate financial standing”,

(b) after subsection (2), by inserting the following:

“(2A) If the Minister considers that a person who holds an operator’s licence no longer—

(a) satisfies the requirement that he or she is of good repute,

(b) is established in the State,

(c) has appropriate financial standing, or

(d) has professional competence as a road transport operator,

the Minister may withdraw or suspend the licence.

(2B) The Minister may attach terms or conditions to an operator’s licence to be complied with by the holder, which may include conditions relating to vehicle safety, maintenance and standards, duties and responsibilities of transport managers or other management or drivers, environmental standards, operational safety and standards, driving and working time, employment conditions and contracts, vehicle ownership (whether owned, hired or leased), vehicle registration, taxation, tachograph calibration or insurance, notification of changes to operator details, or compliance with any requirement under this Act, the Road Transport Act 2011, the Road Traffic Acts 1961 to 2011, or under an act of an institution of the European Union relating to road haulage or road passenger transport or legislation giving effect to such an act, including regulations made under the European Communities Act 1972.”,

and

(c) by inserting after subsection (6) the following:

“(6A) An application for an operator’s licence shall be in such form as the Minister determines.

(6B) An application for an operator’s licence and a transport disc may be made in the same application.

(6C) The Minister may refuse to grant an operator’s licence until such time as an applicant has complied with any requirements of regulations regarding applications made under subsection (6).”.