Regulation (EC) No 1071/2009 of the European Parliament and of the CouncilShow full title

Article 2 U.K. Definitions

For the purposes of this Regulation:

A1.

[F1 ‘the 1995 Act’ means the Goods Vehicles (Licensing of Operators) Act 1995;

A2.

‘the 2010 Act’ means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010;]

1.

‘the occupation of road haulage operator’ means the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;

2.

‘the occupation of road passenger transport operator’ means the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine 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;

3.

‘the occupation of road transport operator’ means the occupation of road passenger transport operator or the occupation of road haulage operator;

4.

‘undertaking’ means 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;

5.

‘transport manager’ means 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;

6.

‘authorisation to pursue the occupation of road transport operator’ means an administrative decision which authorises an undertaking which satisfies the conditions laid down in this Regulation to pursue the occupation of road transport operator;

6A.

[F2 ‘traffic commissioner’ has the same meaning as in the Public Passenger Vehicles Act 1981;

6B.

‘the Northern Ireland department’ means the Department for Infrastructure;]

7.

[F3 ‘competent authority’ means in Great Britain, a traffic commissioner, and in Northern Ireland, the Northern Ireland department;]

8.

F4 ...

9.

[F5 ‘Minister’ means—

(a)

in relation to England, Scotland or Wales, the Secretary of State;

(b)

in relation to Northern Ireland, the Northern Ireland department;

10.

‘Community licence’ means a licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market[F6 ;]]

11.

[F7 ‘qualifying licence’ means a licence that is both a heavy goods vehicle licence and a standard licence;

12.

‘heavy goods vehicle licence’ and ‘standard licence’, in relation to—

(a)

an undertaking established in Great Britain, have the meanings given in section 58(1) of the 1995 Act;

(b)

an undertaking established in Northern Ireland, have the meanings given in section 58(1) of the 2010 Act.]

Textual Amendments

F1 Art. 2(A1)(A2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. A2)2022/293), regs. 2(1), 6(1)

F2 Art. 2(6A)(6B) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 2(7) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(8) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(9)(10) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(10) punctuation mark substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 6(2)

F7 Art. 2(11)(12) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 6(3)