Road Transport Regulations 2018 ROAD TRANSPORT REGULATIONS Title Commencement Interpretation... 5

Transcription

1 Road Transport Regulations 2018 Index ROAD TRANSPORT REGULATIONS 2018 Index Regulation Page 1 Title Commenement Interpretation... 5 PART 2 ROAD TRANSPORT LICENSING COMMITTEE 6 MEETINGS OF THE COMMITTEE 6 4 Meetings of the Committee Certain matters to be onsidered in publi Committee may make standing orders Quorum Presiding at a meeting Voting Minutes to be kept... 7 CIRCULAR TO BE PUBLISHED BY THE COMMITTEE 8 11 Committee to publish irular Contents of irular appliations Contents of irular ations taken by the Committee Contents of irular proeedings to be held in publi Contents of irular deisions of the High Bailiff Contents of irular general noties Contents of irular representative bodies Distribution of irular Availability of irular to the publi MISCELLANEOUS MATTERS Form of objetions Evidene on oath or affirmation Inspetion of premises Committee may determine ertain matters without appearane PART 3 REGISTERS ETC, LISTS, OPERATORS LICENCES, AND HIRING ARRANGEMENTS Form of registers Contents of registers SD No. 2018/0178 Page 1

2 Index Road Transport Regulations Registration as a goods vehile operator to be granted with respet to the lassified use of the relevant vehiles Form and ontents of lists of operators lienes Form and ontents of list of exemption ertifiates Contents of operators lienes Hiring arrangements goods vehile operators PART 4 PRESCRIBED WEIGHT IN RELATION TO GOODS VEHICLES Weight whih the maximum laden weight of goods vehiles must exeed if they are to be affeted by the At PART 5 EXEMPTIONS Goods vehiles PART 6 CONDITIONS CAPABLE OF ATTACHMENT TO A REGISTRATION OR AN OPERATOR S LICENCE Conditions of a presribed desription Operating entres Vehile lassifiation Limitations in respet of servie lienes Reords to be kept or maintained by operators Use of goods vehiles to be subjet to their adequate maintenane, inspetion, parking, and ompliane with road traffi law PART 7 CUSTODY, PRODUCTION, AND RETURN OF PRESCRIBED DOCUMENTS AND NOTIFICATION OF PRESCRIBED PARTICULARS Appliation of this Part Custody of douments Prodution of douments Return of douments Notifiation of partiulars with respet to passenger vehiles Notifiation of partiulars with respet to goods vehiles Offene PART 8 OPERATORS DISCS AND PLYING FOR HIRE PLATES 20 OPERATORS DISCS Where operators diss are to be exhibited Form of an operator s dis Period of validity of an operator s dis Return of an operator s dis on its easing to be valid or on a variation of a registration or liene Prodution of an operator s dis on demand Voluntary return of an operator s dis Page 2 SD No. 2018/0178

3 Road Transport Regulations 2018 Index 52 Seurity of an operator s dis Loss, destrution or defaement of an operator s dis Offene PLYING FOR HIRE PLATES Display of plying for hire plates Form of a plying for hire plate Period of validity of a plying for hire plate Return of a plying for hire plate on its easing to be valid or on a variation of the distrit or distrits to whih it relates Prodution of a plying for hire plate on demand Voluntary return of a plying for hire plate Seurity of a plying for hire plate Loss, destrution or defaement of a plying for hire plate Offene PART 9 CONTINUANCE OF REGISTRATION OR LICENCE ON DEATH, TRANSFER OF BUSINESS ETC Continuane on death et of an operator Transfer of an operator s business or a part of it PART 10 REGISTRATION OR LICENSING WITH RESPECT TO VEHICLES WHOLLY OR PARTLY OWNED BY SUBSIDIARIES OF COMPANIES Appliation for a registration or liene Operating entres Good repute Finanial standing Professional ompetene Conditions of a registration or liene Revoation et of a registration or liene Servie lienes PART 11 - FINANCIAL RESOURCES GOODS VEHICLE OPERATORS Finanial resoures of an appliant for, or a holder of, a registration or an operator s liene with respet to goods vehiles PART 12 - TRANSITIONAL PROVISIONS AND REVOCATIONS Transitional provisions goods vehile operators Revoations SD No. 2018/0178 Page 3

4

5 Road Transport Regulations 2018 Regulation 1 Statutory Doument No. 2018/0178 Road Transport At 2001 ROAD TRANSPORT REGULATIONS 2018 Approved by Tynwald: Coming into Operation: 1 January 2019 The Department of Infrastruture makes the following Regulations under setion 2(1), 3, 5, 6, 7(1), 8(1), 11(4), 13, 16(1), 23, 24, 36, 47, 55(2), (3) and (4), 58, 62 and 63(5) of, and paragraph 6(2) of Shedule 1 to, the Road Transport At 2001; after having onsulted the Road Transport Liensing Committee and suh representative bodies as the Department has thought fit as required under setion 62(5) of the Road Transport At Title These Regulations are the Road Transport Regulations Commenement If approved by Tynwald, these Regulations ome into operation on 1 January Interpretation (1) In these Regulations the At means the Road Transport At 2001; ertifiate of professional ompetene means a ertifiate issued to an individual who has passed the international goods vehile ertifiate of professional ompetene examination set by the awarding organisation that is urrent at any given time, having been approved by the Department for Transport of Her Majesty s Government in the United Kingdom, for the time being; ertifiate of registration means a ertifiate issued by the Committee under setion 22(1); irular means the irular published by the Committee in aordane with these Regulations; 1 Tynwald approval is required under setion 62(6) of the At SD No. 2018/0178 Page 5

6 Regulation 4 Road Transport Regulations 2018 maximum gross weight, in relation to a vehile, means the weight whih the vehile is designed or adapted not to exeed when travelling on a road laden; operator s dis means a dis supplied by the Committee in aordane with setion 23(2); plying for hire plate means the plate that must be displayed on a vehile in respet of whih a servie liene granted by the Committee under setion 31(1) is in fore; register means the register of passenger vehile operators required to be maintained by the Committee under setion 3(1); or the register of goods vehile operators required to be so maintained under setion 3(1); registration number, in relation to a vehile, has the same meaning as in the Liensing and Registration of Vehiles At 1985; trade liene has the same meaning as in the Liensing and Registration of Vehiles At (2) Any referene in these Regulations to a setion by number is a referene to the setion so numbered in the At. PART 2 ROAD TRANSPORT LICENSING COMMITTEE Meetings of the Committee 4 Meetings of the Committee (1) The Committee must hold meetings for the transation of its business at suh times as are neessary for the proper exerise of its funtions. (2) A meeting of the Committee must be held if the hairman so requests; or 2 members of the Committee make a written request to the Seretary of the Committee for a meeting. (3) A meeting of the Committee may be held in publi. 5 Certain matters to be onsidered in publi (1) This regulation applies when the Committee is to onsider an appliation for, or a variation of, () a registration; an operator s liene; or a servie liene under setion 25 (regular servies). Page 6 SD No. 2018/0178

7 Road Transport Regulations 2018 Regulation 6 (2) The Committee s onsideration of the appliation or variation must be held in publi. 6 Committee may make standing orders The Committee may make standing orders with respet to the summoning, notie, plae, management and adjournment of its meetings; and the transation and management of business at its meetings. 7 Quorum The Committee may not transat business at a meeting of the Committee unless at least 3 members of the Committee are present; and one of the members present is the hairman or vie-hairman. 8 Presiding at a meeting At a meeting of the Committee the hairman presides but the vie-hairman presides if the hairman is absent or the hairman so requests. 9 Voting (1) A question to be determined at a meeting of the Committee is to be deided by a majority of the votes of the members present and voting on the question. (2) If there is an equality of votes on a question, the person presiding has a seond or asting vote. 10 Minutes to be kept (1) The Committee must keep minutes of its meetings. (2) The names of the members present at a meeting of the Committee must be reorded in the minutes of the meeting. (3) A member of the Committee is entitled to have his or her vote on any question before the Committee reorded in the minutes. (4) Minutes of the proeedings of the Committee must be signed at the next meeting of the Committee or within six weeks, by the person presiding at it. SD No. 2018/0178 Page 7

8 Regulation 11 Road Transport Regulations 2018 Cirular to be published by the Committee 11 Committee to publish irular The Committee must publish a irular in suh a manner and at suh intervals as it thinks fit. 12 Contents of irular appliations (1) The irular must ontain a notie of any appliations made to the Committee () for a registration or an operator s liene or for the variation of a registration or an operator s liene; for an exemption ertifiate; or for a servie liene that may be granted under setion 25 (regular servies) or for the variation of suh a liene, and a subsequent notie of the Committee s deision on eah suh appliation. (2) The irular () may ontain a notie of an appliation for a servie liene that may be granted under setion 29 (plying for hire) or for the variation of suh a liene; must ontain notie of the Committee s deision on eah suh appliation; must speify the date, time and plae of the Committee s meeting at whih the appliation is to be onsidered. (3) A notie of an appliation mentioned in paragraph (1) or (2) must () ontain suffiient partiulars of the appliation to identify the appliant and matter applied for, and any operating entre speified in the appliation; be published in the irular not less than 21 days before the date of the meeting; and in the ase of an appliation for a registration or an operator s liene, state that any person wishing to objet to it in aordane with setion 11(2) or (3) may do so within 21 days from the date of suh publiation by notie in writing to the Seretary of the Committee who will then notify all relevant parties. 13 Contents of irular ations taken by the Committee The irular must also ontain details of any ation taken by the Committee under setion 6(3) (variation or anellation of an exemption ertifiate); Page 8 SD No. 2018/0178

9 Road Transport Regulations 2018 Regulation 14 () (d) setion 18 (revoation, suspension et of a registration or operator s liene); setion 19 (disqualifiation); or setion 33 (revoation, suspension et of a servie liene). 14 Contents of irular proeedings to be held in publi The irular must ontain a notie of any proeedings of the Committee to be held in publi. 15 Contents of irular deisions of the High Bailiff The irular must ontain a notie of any deision of the High Bailiff on an appeal under the At; and the ation (if any) taken by the Committee to give effet to any suh deision. 16 Contents of irular general noties The Committee may publish in the irular any general noties issued by it. 17 Contents of irular representative bodies The Committee must from time to time publish in the irular a notie speifying the name and address of eah representative body to whih a notie of an appliation for a registration, an operator s liene, or a servie liene under setion 25 will be sent in aordane with setion 11 or 26; and the lass or lasses of operators that eah body appears to the Committee to represent. 18 Distribution of irular The Committee must send a opy of eah issue of the irular to (i) (ii) (iii) (iv) the Department; the Chief Constable; eah loal authority; and suh representative bodies as appear to the Committee to be appropriate; and may send a opy of an issue of the irular to any other person. SD No. 2018/0178 Page 9

10 Regulation 19 Road Transport Regulations Availability of irular to the publi (1) The Committee must make eah issue of the irular available for purhase by any person either as a single issue or on subsription at suh reasonable prie as the Department may determine; and make available for inspetion by any person free of harge all issues of the irular published by it in the previous 6 months. (2) For the purpose of paragraph (1) the Committee must make suh issues available at its offie and at the Department s head offie at the Sea Terminal Building. MISCELLANEOUS MATTERS 20 Form of objetions (1) This regulation applies in a ase where objetions may be made in aordane with setion 11(2) or (3) with respet to an appliation for a registration or an operator s liene. (2) Notie of suh objetions must speify the name and address of the person making the objetions; and partiulars of the grounds on whih the objetions are made. 21 Evidene on oath or affirmation (1) This regulation applies to proeedings of the Committee relating to an appliation for, or a variation of, a registration, an operator s liene, an exemption ertifiate, or a servie liene; or any ation or intended ation under setion 6(3), 18, 19 or 33. (2) The Committee may require any oral evidene tendered to it to be given on oath. (3) For that purpose the hairman, vie-hairman or Seretary of the Committee may administer the oath or affirmation. 22 Inspetion of premises (1) This regulation applies in a ase where the Committee requires to be satisfied that any premises are suitable as an operating entre. (2) The Committee may authorise any person appearing to it to be suitably qualified (who may be a member of the Committee) to inspet the premises and to make a written report on them to the Committee. Page 10 SD No. 2018/0178

11 Road Transport Regulations 2018 Regulation 23 (3) The Committee must not onsider suh a report unless a opy of it has been served on the appliant or operator in question at least 7 days before the meeting at whih it is to be onsidered. (4) If so required by the appliant or operator, the person who made the report must attend that meeting and give oral evidene. (5) A requirement by the appliant or operator under paragraph (4) must be given in writing to the Seretary of the Committee at least 3 days before that meeting. (6) The Committee must not onsider the report if the person who made it fails to attend that meeting when duly required to do so. 23 Committee may determine ertain matters without appearane (1) The Committee may determine any of the following matters without the attendane of the appliant or any other person an appliation by a registered or liensed operator to renew or terminate his or her registration or liene; an appliation for the variation of a registration or operator s liene by orreting any partiulars in it or by hanging the name and address of the registered or liensed operator; () an appliation for a temporary dispensation under setion 16(3); (d) (e) (f) an appliation to remove the suspension of a registration or liene; an appliation for the supply of new or additional operator s diss; or any ation to give effet to a deision of the High Bailiff on an appeal under the At. (2) However, the Committee must not refuse an appliation mentioned in paragraph (1) without giving the appliant an opportunity to appear before it and give evidene in support of the appliation. PART 3 REGISTERS ETC, LISTS, OPERATORS LICENCES, AND HIRING ARRANGEMENTS 24 Form of registers (1) The Committee must keep a register on a omputer. (2) The register of Passenger Vehile Operators must ontain a Part A and a Part B. (3) Parts A and B of the register of passenger vehile operators are presribed for the purpose of setion 5(1)(ii). SD No. 2018/0178 Page 11

12 Regulation 25 Road Transport Regulations 2018 (4) Any registered operator who uses a passenger vehile ommerially for the arriage of passengers in onnetion with a business presribed by or under setion 5(2) is to be entered in Part A of the register of passenger vehile operators. (5) A business presribed for the purpose of setion 5(2) is one involving the ommerial use of any vehile onstruted or adapted to arry more than 8 passengers in addition to its driver; () 2 or more passenger vehiles; or any passenger vehile operated in aordane with booking arrangements made by means of radio ommuniation with its driver. (6) One the ondition is met, any registered operator who uses a passenger vehile ommerially for the arriage of passengers is to be entered in Part B of the register of passenger vehile operators. In this paragraph, the ondition is that the vehile being so used is a vehile of a lass presribed for the purpose of setion 5(1). (7) A passenger vehile of a lass presribed for the purpose of setion 5(1) is one whih (i) does not fall within the desription set out in paragraph (5)(); (ii) is onstruted or adapted to arry no more than 8 passengers in addition to its driver; and (iii) is the only passenger vehile used ommerially by the business in question for the arriage of passengers; or one whih is otherwise used in onnetion with a business not presribed in paragraph (5). 25 Contents of registers (1) The Committee must inlude the following partiulars in a register in respet of eah registered operator entered in it () any trading name of the operator; the maximum period that may elapse between inspetions of the operator s vehiles to ensure that they are being properly maintained; any ondition attahed to the registration of the operator under setion 16(1). (2) The partiulars mentioned in paragraph (1) are additional to those that must be entered in the register under setion 13(1). Page 12 SD No. 2018/0178

13 Road Transport Regulations 2018 Regulation Registration as a goods vehile operator to be granted with respet to the lassified use of the relevant vehiles (1) The Committee must not grant a registration as a goods vehile operator unless the registration restrits the ommerial use of the related vehiles to suh use in the Island. (2) Any person who is taken to be a registered goods vehile operator by virtue of regulation 75(1) and (2) is not subjet to the restrition speified in paragraph (1) for the period of one year from the date on whih these Regulations ome into operation. 27 Form and ontents of lists of operators lienes (1) The Committee must keep on a omputer a list of all passenger vehile operators lienes; and a list of all goods vehile operators lienes. (2) Eah entry in a list must inlude any ondition attahed under setion 16(1) to the grant of the operator s liene in question. (3) The partiulars mentioned in paragraph (2) are additional to those that must be inluded in an operator s liene by or under setion 13(2). 28 Form and ontents of list of exemption ertifiates (1) The list of exemption ertifiates required to be kept by the Committee under setion 6(6) must be kept on a omputer. (2) Eah entry in the list must inlude in respet of the voluntary organisation in question the organisation s address; and details of any onditions speified in the organisation s exemption ertifiate under setion 6(2). 29 Contents of operators lienes (1) The Committee must inlude in an operator s liene () the same partiulars as are presribed in regulation 25(1), and ;, any ondition attahed to the grant of the liene under setion 16(1); and the name of the operator s transport manager. (2) The partiulars mentioned in paragraph (1) are additional to those that must be inluded in the liene by or under setion 13(2). SD No. 2018/0178 Page 13

14 Regulation 30 Road Transport Regulations Hiring arrangements goods vehile operators (1) This regulation applies in a ase where a registered goods vehile operator or the holder of a goods vehile operator s liene makes available a goods vehile to another under a hiring arrangement. (2) A person who uses suh a vehile under suh an arrangement is to be regarded as using the vehile under the registration or liene that he or she holds. (3) The number of goods vehiles that may be used under that registration or liene must not exeed the maximum number of vehiles; and the maximum number of vehiles of any lass, speified under setion 15(1) either in the related entry in the register or in the liene. PART 4 PRESCRIBED WEIGHT IN RELATION TO GOODS VEHICLES 31 Weight whih the maximum laden weight of goods vehiles must exeed if they are to be affeted by the At The weight for the purpose of setion 7(1) is a weight of 3,500 kg. PART 5 EXEMPTIONS 32 Goods vehiles (1) By virtue of setion 8(2), a person not authorised to do so by setion 8(1) may use a goods vehile ommerially for the arriage of goods in suh ases or irumstanes or under suh onditions as are speified in this regulation. (2) Suh a person may so use a goods vehile in a ase where it is () (d) (e) (f) a vehile used to lear snow from a highway or to spread grit on it; a works truk; engineering plant; an agriultural motor vehile or an agriultural trailer; a vehile being used in irumstanes desribed in setion 18(3) of the Road Traffi At 1985; a breakdown vehile; Page 14 SD No. 2018/0178

15 Road Transport Regulations 2018 Regulation 33 (g) (h) (i) (j) (3) In this regulation a vehile going to or from the Vehile and Driving Test Centre operated by the Department; a vehile operated by an airport and going to or from a plae of maintenane or repair; a vehile being used by any of the armed servies of the Crown; or a vehile whih is lawfully being used in aordane with a trade liene and has a trade plate affixed to it. "breakdown vehile" means a vehile used to attend an aident or breakdown or to draw a broken down vehile to a plae of repair; and other expressions that are defined in the Road Vehiles (Maintenane and Use) Regulations 2012 have the same meanings here as they have there. PART 6 CONDITIONS CAPABLE OF ATTACHMENT TO A REGISTRATION OR AN OPERATOR S LICENCE 33 Conditions of a presribed desription The onditions of a presribed desription for the purpose of setion 16(1) are suh onditions as relate to (i) (ii) (iii) (iv) operating entres; vehile lassifiation; limitations in respet of servie lienes; and the reords to be maintained by operators; and require the use of goods vehiles to be subjet to their adequate maintenane, inspetion, parking, and onformity with road traffi law. 34 Operating entres On granting an appliation for a registration or an operator s liene, the Committee may attah to the registration or liene suh onditions as () limit the times during whih an operating entre may be used by an operator; limit the period, being not less than 6 months, during whih an operating entre may be so used and require the operator to begin using a different operating entre approved by the Committee on or before the expiry of the period; or give effet to any undertakings given by the operator under setion 10(7). SD No. 2018/0178 Page 15

16 Regulation 35 Road Transport Regulations Vehile lassifiation (1) This regulation applies in a ase where the Committee, on granting an appliation for a registration or an operator s liene, attahes to the registration or liene suh onditions as restrit or regulate the use of vehiles by an operator. (2) Suh onditions may use any lassifiation of vehiles presribed by regulations under setion 62(3). 36 Limitations in respet of servie lienes On granting an appliation for a registration or an operator s liene, the Committee may attah to the registration or liene onditions that () (d) prohibit the use of a speified operating entre under a servie liene; limit the number or types of vehiles that may be used under a servie liene; prohibit an appliation for a servie liene from being made by the operator, either before a speified date or at all; or take into aount the following matters in onnetion with a servie liene (i) (ii) the unsuitability of the operator s premises; or knowledge of the previous ondut of the operator or of his or her diretors or managers. 37 Reords to be kept or maintained by operators On granting an appliation for a registration or an operator s liene, the Committee may attah to the registration or liene onditions requiring the operator to keep or maintain suh reords, and for suh periods, as the Committee thinks fit; and to produe them to the Committee or to an authorised examiner or authorised offier when required by the Committee or the examiner or authorised offier to do so. 38 Use of goods vehiles to be subjet to their adequate maintenane, inspetion, parking, and ompliane with road traffi law (1) On granting an appliation for a registration of a goods vehile operator or for a goods vehile operator s liene, the Committee may attah to the registration or liene suh onditions as require the operator s goods vehiles Page 16 SD No. 2018/0178

17 Road Transport Regulations 2018 Regulation 38 () (d) (i) (ii) to be regularly heked with respet to roadworthiness by a suitably ompetent person; and to be adequately maintained; the operator to ensure that the drivers of suh vehiles undertake a visual hek of them on eah working day and make a written report to the operator of any defets likely to affet their roadworthiness; the operator to ensure that no suh vehile is used until any defet likely to affet its roadworthiness is retified (this sub-paragraph does not limit either of sub-paragraphs (d) and (e)); the operator to permit suh vehiles to be inspeted by an authorised examiner (i) (ii) without notie, if the examiner onsiders that an immediate inspetion is urgently required; and in any other ase, on the examiner s giving to the operator 48 hours notie of the proposed inspetion, and, before any suh vehile is used, to retify to the examiner s satisfation any defet found by the examiner that is likely to affet its roadworthiness; (e) the operator (i) (ii) to arrange for any semi-trailer used under the registration or liene to be inspeted at the VDTC by an authorised examiner during eah speified period; and before the vehile is used, to retify to the examiner s satisfation any defet found by the examiner that is likely to affet its roadworthiness; (f) the operator to ensure that (i) (ii) suh vehiles omply with the relevant provisions made by or under the Road Traffi At 1985, the Road Traffi Regulation At 1985, and the At; and without limitation of sub-paragraph (f)(i), no suh vehile exeeds its maximum laden weight or, if no suh weight applies, its maximum gross weight; and (g) the operator to ensure that (i) (ii) (2) In this regulation when not engaged in an operation that involves the arriage of goods, suh vehiles will be parked at the plae speified as the related operating entre either in the relevant register or in the operator s liene; and no suh vehiles parked there will exeed the maximum number speified in the relevant entry in that register or in the liene. SD No. 2018/0178 Page 17

18 Regulation 39 Road Transport Regulations 2018 "bank holiday" means a day whih is a bank holiday under the Bank Holidays At 1989; "semi-trailer" has the same meaning as in the Road Vehiles (Maintenane and Use) Regulations 2012; "speified period" means a period ommening on eah anniversary of the grant of a registration or an operator s liene and ending one month later; "VDTC" means the Vehile and Driving Test Centre at Ballaflether Road, Cronkbourne, Douglas or suh other plae as the Department may from time to time appoint for the purpose of this regulation. PART 7 CUSTODY, PRODUCTION, AND RETURN OF PRESCRIBED DOCUMENTS AND NOTIFICATION OF PRESCRIBED PARTICULARS 39 Appliation of this Part (1) This Part applies to () operators lienes; ertifiates of registration; and exemption ertifiates. (2) In this Part, "holder", in relation to suh a doument, means the operator of a vehile to whih the doument relates. 40 Custody of douments The holder of a doument to whih this Part applies must keep the doument safe and in good ondition. 41 Prodution of douments The holder of a doument to whih this Part applies must produe the doument to an authorised offier if the offier requires him or her to do so. 42 Return of douments The holder of a doument to whih this Part applies must return the doument to the Committee if the Committee (i) authorises an amendment or variation of the doument under the At; Page 18 SD No. 2018/0178

19 Road Transport Regulations 2018 Regulation 43 (ii) (iii) revokes the registration or liene of the operator in aordane with setion 18(1) or (2) or anels the exemption ertifiate in aordane with setion 6(3); or suspends the registration or liene of the operator in aordane with setion 18(2); or the doument expires. 43 Notifiation of partiulars with respet to passenger vehiles (1) The holder of a doument to whih this Part applies must, within one month of a passenger vehile ommening or easing to be used under the doument, notify the Committee in writing of the following partiulars () (d) the registration number of the vehile; the seating apaity and the standing apaity (if any) of the vehile; the maximum gross weight of the vehile, if it is onstruted or adapted to arry more than 16 passengers in addition to the driver; and the date on whih the vehile ommened or eased to be so used. (2) The requirement under paragraph (1) may be met by the holder supplying the Committee with a list of the vehiles being used for the time being under the doument in question updated to the date mentioned in paragraph (1)(d). 44 Notifiation of partiulars with respet to goods vehiles (1) The holder of a doument to whih this Part applies must, within 7 days of a goods vehile ommening or easing to be used under the doument, notify the Committee in writing of the following partiulars () the registration number of the vehile or, if the vehile is a trailer displaying a Manx Operator s Dis, its hassis number or other identifying mark; the maximum gross weight of the vehile; and the date on whih the vehile ommened or eased to be so used. (2) The requirement under paragraph (1) may be met by the holder supplying the Committee with a list of the vehiles being used for the time being under the doument in question, updated to the date mentioned in paragraph (1)(). SD No. 2018/0178 Page 19

20 Regulation 45 Road Transport Regulations Offene A person who ontravenes a requirement imposed on him or her by this Part ommits an offene and liable on summary onvition to a fine not exeeding 500. PART 8 OPERATORS DISCS AND PLYING FOR HIRE PLATES Operators diss 46 Where operators diss are to be exhibited (1) This regulation applies in a ase where setion 23(1) or (3) requires an operator s dis to be exhibited on a vehile. (2) The operator of a vehile must ensure that an operator s dis in the presribed form is exhibited in the ase of a trailer, on its near-side hassis member or on its headboard; and in any other ase, on the left side of the windsreen adjaent to the vehile s liene dis. (3) However, in a ase where a vehile displays at its rear a plying for hire plate, the operator must ensure that the operator s dis is exhibited adjaent to that plate. (4) In this regulation trailer has the same meaning as that term has in the Road Vehiles (Maintenane and Use) Regulations 2012; and "vehile s liene dis" means the dis issued in respet of the vehile under setion 6(4) of the Liensing and Registration of Vehiles At Form of an operator s dis (1) An operator s dis is in the presribed form if, besides ontaining the partiulars required by setion 23(1) or (3), it omplies with the relevant requirements of this regulation. (2) A dis must be irular with a diameter of 75 mm. (3) A dis may be oloured and a different olour may be assigned to it by the Committee in respet of the grant of eah of the following () (d) a passenger vehile operator s liene; a goods vehile operator s liene; a registration as a passenger vehile operator; a registration as a goods vehile operator; Page 20 SD No. 2018/0178

21 Road Transport Regulations 2018 Regulation 48 (e) (f) a trailer; or an exemption ertifiate. (4) A dis must ontain () its expiry date; in the ase of a motor vehile used under a goods vehile operator s liene, its registration number; and in the ase of a trailer, its hassis number or, if that number annot be found, details of an identifiation mark stamped on its hassis or welded on to it. 48 Period of validity of an operator s dis (1) An operator s dis is valid for a period of 12 months from its date of issue. (2) However, it eases to be valid earlier if during that period the operator s liene or exemption ertifiate expires or otherwise eases to have effet; or the operator s registration eases to have effet. 49 Return of an operator s dis on its easing to be valid or on a variation of a registration or liene An operator to whom an operator s dis has been issued must return it to the Committee if the Committee so requires on the ground that there has been a variation of the operator s registration or liene whih has had the effet of reduing the number of vehiles, or the maximum number of vehiles of any lass, that may be used under the registration or liene; or within 7 days of its easing to be valid. 50 Prodution of an operator s dis on demand An operator to whom an operator s dis has been issued must produe it to an authorised offier or an inspetor of the Committee on demand, but the surrender of suh a dis is not required unless it has eased to be valid or any of the irumstanes set out in setions 17 to 19 applies. 51 Voluntary return of an operator s dis An operator may at any time voluntarily return to the Committee any operator s dis that he or she holds. SD No. 2018/0178 Page 21

22 Regulation 52 Road Transport Regulations Seurity of an operator s dis An operator to whom an operator s dis has been issued must keep the dis in a seure plae when it is not being displayed on a vehile. 53 Loss, destrution or defaement of an operator s dis (1) An operator to whom an operator s dis has been issued must report the irumstanes to the Committee if the dis is lost, destroyed or defaed. (2) If the Committee is satisfied that the dis has been lost, destroyed or signifiantly defaed; and any presribed fee has been paid, the Committee may issue a replaement. 54 Offene Any person who ontravenes a requirement imposed on him or her by regulation 46(2) or (3), 49, 50, 52 or 53(1) ommits an offene and liable on summary onvition to a fine not exeeding 500. PLYING FOR HIRE PLATES 55 Display of plying for hire plates (1) This regulation applies to a publi passenger vehile that is being used for standing or plying for hire in a road or other publi plae under a servie liene granted under setion 31(1). (2) The person using the vehile must ensure that a plying for hire plate in the presribed form is displayed on the rear of the vehile. 56 Form of a plying for hire plate (1) A plying for hire plate is in the presribed form if it omplies with the requirements of this regulation. (2) The plate must be retangular with the transverse width having a diameter of 240mm and the opposing length having a diameter of 175mm. (3) The plate must ontain within it an oval border measuring at most 180 mm transversely by 95mm longitudinally. (4) There must appear within that border () the words "PLY FOR HIRE" at the top; the operator number alloated by the Committee to the operator; the registration number of the vehile; and Page 22 SD No. 2018/0178

23 Road Transport Regulations 2018 Regulation 57 (d) the number of passengers that the vehile may arry in aordane with the operator s servie liene. (5) As long as paragraph 3 of Shedule 2 to the At remains in operation; and has not been replaed by the alternative provision set out in paragraph 4(1) of that Shedule, there must also appear within that border the distrit or distrits by name where plying for hire is authorised in the operator s servie liene. 57 Period of validity of a plying for hire plate A plying for hire plate remains valid from its date of issue until the operator s servie liene expires or otherwise eases to have effet. 58 Return of a plying for hire plate on its easing to be valid or on a variation of the distrit or distrits to whih it relates The operator of a vehile in respet of whih a plying for hire plate has been issued must return the plate to the Committee if the Committee so requires on the ground that there has been a variation in the distrit or distrits speified in the operator s servie liene; or within 7 days of its easing to be valid. 59 Prodution of a plying for hire plate on demand An operator to whom a plying for hire plate has been issued must produe it to an authorised offier or an inspetor of the Committee on demand, but no suh plate shall be required to be surrendered unless it has eased to be valid or any of the irumstanes set out in setions 17 to 19 and 33 applies. 60 Voluntary return of a plying for hire plate An operator may at any time voluntarily return to the Committee any plying for hire plate that he or she holds. 61 Seurity of a plying for hire plate The operator of a vehile in respet of whih a plying for hire plate has been issued must keep the plate in a seure plae when it is not being displayed on a vehile. 62 Loss, destrution or defaement of a plying for hire plate Regulation 53 applies in respet of a plying for hire plate as it applies in respet of an operator s dis. SD No. 2018/0178 Page 23

24 Regulation 63 Road Transport Regulations Offene Any person who ontravenes a requirement imposed on him or her by regulation 53(1) (as applied by regulation 62), 55, 58, 59, or 61 ommits an offene and liable on summary onvition to a fine not exeeding 500. PART 9 CONTINUANCE OF REGISTRATION OR LICENCE ON DEATH, TRANSFER OF BUSINESS ETC 64 Continuane on death et of an operator (1) This regulation applies if () (d) (e) an operator dies; a reeiver is appointed for an operator under setion 103 of the Mental Health At 1998; a reeiving order or an order of adjudiation is made on the bankrupty of an operator; an operator that is a body orporate goes into liquidation; or a reeiver or manager of the trade or business of an operator is appointed. (2) If an event mentioned in paragraph (1) or happens, the Committee may diret that the registration or liene in question is not to be treated as terminated when the operator died or the reeiver was appointed, but is to be treated as suspended until the date on whih a diretion under paragraph (3) omes into fore. (3) If an event mentioned in paragraph (1) happens with respet to an operator, the Committee may diret that a person arrying on the trade or business of that operator is to be treated for the purposes of the At as if he or she were the holder of the registration or liene in question for suh purpose and to suh extent as is speified in the diretion. (4) A diretion under paragraph (3) may remain in fore for up to 12 months; but if it appears to the Committee that there are speial irumstanes, for up to 18 months, as the Committee may determine. (5) The power of the Committee under paragraph (3) is exerisable whether or not the person arrying on the trade or business of the operator in question satisfies the requirement of professional ompetene. (6) If a person is to be treated as if he or she were the holder of a registration or liene by virtue of a diretion under paragraph (3), Page 24 SD No. 2018/0178

25 Road Transport Regulations 2018 Regulation 65 the person is to be treated for the purposes of the At as if he or she were in lawful possession of any vehile that had been in the lawful possession of the operator falling within paragraph (1); and nothing in the At is to be taken as requiring the Committee to revoke the registration or liene by reason only that the person does not satisfy the requirement of professional ompetene. 65 Transfer of an operator s business or a part of it (1) This regulation applies in a ase where the Committee reeives a notie from an operator ("the transferor") that he or she proposes to transfer the operator s business to another person ("the transferee") whether permanently or temporarily; and reeives at the same time or shortly afterwards an appliation from the transferee for a registration or an operator s liene in respet of the business. (2) However, if the business proposed to be transferred inludes an operation that requires a servie liene, this regulation applies only if the appliation mentioned in paragraph (1) is aompanied by an appliation for the relevant servie liene. (3) The Committee may diret that until the appliation or appliations are determined, the registration or any liene is to be treated as being held by the transferee and not by the transferor. (4) A diretion under paragraph (3) eases to have effet upon the Committee s determination of the appliation; but if the Committee refuses to grant the registration or liene and the transferee appeals to the High Bailiff within 28 days of the refusal, upon the determination or abandonment of the appeal. (5) If an operator s business is to be transferred temporarily, any registration or liene granted by the Committee to the transferee must be limited in its period of validity to the period of the temporary transfer; and the registration or any liene of the transferor is to be taken as suspended during that period. (6) Any appliation under this regulation must be made in suh form as the Committee may require. (7) In this regulation a referene to the transfer or temporary transfer of an operator s business inludes the transfer or temporary transfer of a part of the business. SD No. 2018/0178 Page 25

26 Regulation 66 Road Transport Regulations 2018 PART 10 REGISTRATION OR LICENSING WITH RESPECT TO VEHICLES WHOLLY OR PARTLY OWNED BY SUBSIDIARIES OF COMPANIES 66 Appliation for a registration or liene (1) A body orporate may apply to the Committee for a registration or an operator s liene with respet to vehiles whih onsist of or inlude vehiles belonging to or in the possession of any of its subsidiaries. (2) In determining whether or not to grant suh an appliation, the Committee must satisfy itself that any subsidiary in question is under the effetive management and ontrol of the appliant; and it is reasonable to treat the business of any suh subsidiary as part of the business of the appliant. (3) An appliation under paragraph (1) must inlude the name, the registered address, and any trading name of any subsidiary in question. (4) The Committee may inlude in any registration or liene granted by it the information speified in paragraph (3). 67 Operating entres (1) If required to do so by the Committee, a body orporate making an appliation under regulation 66 must () speify eah operating entre proposed to be used; state whether the appliant or any subsidiary will be operating from suh a entre; and speify the number and lass or lasses of vehiles that will be based at suh a entre. (2) The Committee may reord the details required by paragraph (1) on any registration or liene granted by it in pursuane of the appliation. 68 Good repute The Committee must require the appliant, the nominated transport manager and any subsidiary in question to be of good repute. 69 Finanial standing The Committee may onsider either jointly or separately the finanial standing of (i) the appliant; (ii) the nominated transport manager; and Page 26 SD No. 2018/0178

27 Road Transport Regulations 2018 Regulation 70 (iii) any subsidiary in question; and apply suh riteria as appear to it to be appropriate, having regard to the operations to be undertaken by the persons listed in subparagraph. 70 Professional ompetene The Committee must satisfy itself that the appliant, the nominated transport manager and any subsidiary in question meet the requirements of professional ompetene imposed by the At. 71 Conditions of a registration or liene The Committee may under setion 16(1) impose suh onditions as it thinks fit for restriting or regulating all or partiular operations to be undertaken by the appliant or any subsidiary in question under a registration or liene granted by the Committee in pursuane of an appliation under regulation Revoation et of a registration or liene In onsidering whether to take any ation under setion 18 with respet to suh a registration or liene, the Committee may take ation, either jointly or separately, with respet to the registered or liensed operator and any subsidiary in question; or determine that the registration or liene be revoked and be replaed by the grant of separate registrations or lienes. 73 Servie lienes (1) If a body orporate beomes a registered or liensed operator pursuant to an appliation made under regulation 66; and applies to the Committee for, and is granted, a servie liene, the liene is to be held in the name of the body orporate. (2) However, the Committee may require any appliation for a servie liene to speify the name of any subsidiary that is to operate the servie; and make the operation of the servie by the subsidiary a ondition of the liene. (3) Where a servie liene is granted to a body orporate mentioned in paragraph (1), the returns required to be made under setion 39 may be limited to the reords of any subsidiary operating the servie. SD No. 2018/0178 Page 27

28 Regulation 74 Road Transport Regulations 2018 PART 11 - FINANCIAL RESOURCES GOODS VEHICLE OPERATORS 74 Finanial resoures of an appliant for, or a holder of, a registration or an operator s liene with respet to goods vehiles (1) In order to satisfy the requirement laid down in Regulation 3(1)() of Regulation (EC) No 1071/2009 of the European Parliament and of the Counil of 21 Otober 2009, an appliant must at all times be able to meet its finanial obligations. To this end, the appliant must delare it has at its disposal apital and reserves totalling at least EUR 9,000 when only one vehile is used and EUR 5,000 for eah additional vehile used. (2) For the purpose of paragraph (1), the value of the Euro is fixed every year. The rates to be applied will be those obtained on the first working day of Otober and will have effet from 1 January of the following alendar year. PART 12 - TRANSITIONAL PROVISIONS AND REVOCATIONS 75 Transitional provisions goods vehile operators (1) This regulation applies to any person who immediately before the ommenement of these Regulations uses a goods vehile ommerially for the arriage of goods, being a vehile to whih the At applies by virtue of regulation 31. (2) For the purposes of the At, any person referred to in paragraph (1) who is registered for a period of one year from the date on whih these Regulations ome into operation is deemed to be a goods vehile operator. (3) If during that period suh a person applies for and is granted an indefinite registration or an operator s liene, paragraph (2) eases to apply from the date of suh grant. (4) For the purposes of these Regulations, any suh person who is deemed to be a goods vehile operator shall have the transitional period hereunder speified for the orresponding purpose the period within whih the deemed goods vehile operator must obtain relevant ertifiate of professional ompetene qualifiations is three years; and the period within whih the deemed goods vehile operator must obtain, in respet of his or her operating entre, (i) planning approval under setion 10 of the Town and Country Planning At 1999; or Page 28 SD No. 2018/0178

29 Road Transport Regulations 2018 Regulation 76 (ii) a ertifiate of lawfulness of use or development under setion 24 of the Town and Country Planning At 1999, is five years, and in eah ase the speified transitional period ommenes on the date on whih these Regulations ome into operation (5) A deemed goods vehile operator who fails to obtain the required ertifiate or approval, as the ase may be, within the transitional period presribed in paragraph (4); and after the appliable transitional period has elapsed, ontinues to engage in ativities for whih he or she is required by setion 10 of the At to either be registered or be in possession of a liene, is in breah of Setion 8(2) of the At. 76 Revoations The Regulations speified in olumns 1 and 2 of the following table are revoked. 1 SD No. 2 Title 43/02 Road Transport Liensing Committee Regulations /02 Publi Passenger Vehiles (Registration of Operators) Regulations /02 Road Transport (Continuane of Registration or Liene on Death et.) Regulations /02 Road Transport Operators (Companies and Partnerships) Regulations /02 Road Transport Operators (Registration or Liene Conditions) Regulations /02 Road Transport (Operator s Diss and Plying for Hire Plates) Regulations /02 Road Transport Liensing Committee (General) Regulations /0212 Road Transport Regulations 2016 SD No. 2018/0178 Page 29

30 Regulation 76 Road Transport Regulations /0310 Road Transport (No 2) Regulations 2016 MADE 19 JUNE 2018 R K HARMER Minister for Infrastruture Page 30 SD No. 2018/0178

31 Road Transport Regulations 2018 Explanatory Note EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations onsolidate with amendments the Regulations revoked by regulation 76. The Road Transport Regulations 2016 are also revoked. The amendments are as follows. Regulation 24 aters for the first time for a register of goods vehile operators to be maintained. Regulation 25 presribes additional partiulars to be inluded in entries in a register. Regulation 26 has the effet of restriting the ommerial use of goods vehiles used by a registered operator to suh use in the Island. The ommerial use of goods vehiles used under an operator s liene is not so restrited. Regulation 29 presribes additional partiulars to be inluded in an operator s liene. Regulation 30 speifies that a registered or liensed goods vehile operator who uses a goods vehile made available to him or her under a hiring arrangement is to be regarded as using the vehile under his or her registration or liene. Regulation 31 presribes the weight whih the maximum laden weight of goods vehiles must exeed if they are to be affeted by the Road Transport At 2001 ("the At"). In doing so the regulation brings the At into operation in so far as it relates to the ommerial use of affeted goods vehiles for the arriage of goods. Regulation 32 makes provision with respet to exemptions from the requirement that persons ommerially using affeted goods vehiles be authorised by the Road Transport Liensing Committee ("RTLC"). Regulation 38 enables the RTLC to attah suh onditions to the grant of a goods vehile operator s registration or liene as require the adequate maintenane, inspetion, and parking of the related goods vehiles and their ompliane with road traffi law. Regulation 44 deals with the notifiation to the RTLC of presribed partiulars of goods vehiles in presribed irumstanes. Regulation 46(2) provides for the first time for the exhibition of operators diss on trailers. Regulation 47 aters for the olouring of different operators diss and for information about trailers to be inluded on them. Regulation 74 presribes the finanial resoures of a goods vehile operator, or of an appliant to beome suh an operator, that are to be regarded as suffiient if he or she is to be of the appropriate finanial standing for the purposes of the At. SD No. 2018/0178 Page 31