
1 
These Regulations may be cited as the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 and shall come into operation on 28th March 2019.
2 

(1) In these Regulations—
 “the 1967 Act” means the Transport Act (Northern Ireland) 1967;
 “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995;
 “bus operator’s licence” means a bus operator’s licence within the meaning of section 4 of the 1967 Act;
 “Department” means the Department for Infrastructure;
 “EEA State” means a State, not being a Member State, which is a party to the EEA Agreement;
 “Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;
 “Regulation 1071/2009” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator;
 “RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—
(a) Annexes 32, 33 and 34 to the Trade and Cooperation Agreement, and
(b) Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title; 
 “RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;
 “Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;
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(2) For the purposes of  the RPT Chapter, Interbus and the RSR Protocol , “authorised inspecting officer” means—
(a) a constable in uniform; or
(b) a vehicle examiner appointed under Article 74 of the 1995 Order.
(3) Terms and expressions used in  the RPT Chapter, Interbus or the RSR Protocol  have the same meaning in these Regulations.
(4) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2A 

(1) The road passenger transport agreements, in their English language version, form part of the law of Northern Ireland on and after 1st April 2025.
(2) Any statutory provision has effect on and after 1st April 2025 with such modifications as—
(a) are required in consequence of paragraph (1) or otherwise for the purposes of implementing the road passenger transport agreements, and
(b) are capable of being ascertained from the agreements or otherwise from the Trade and Cooperation Agreement, as it has effect on that date.
(3) Paragraphs (1) and (2)—
(a) are subject to any equivalent or other provision—
(i) which (whether before, on or after 1st April 2025) is made by or under the European Union (Future Relationship) Act 2020 or any other statutory provision or otherwise forms part of the law of Northern Ireland, and
(ii) which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020), and
(b) do not limit the scope of any power which is capable of being exercised to make any such provision.
(4) For the purposes of this regulation—
(a) the road passenger transport agreements are the following, as they have effect on 1st April 2025—
(i) the RPT Chapter,
(ii) Interbus, and
(iii) the RSR Protocol;
(b) references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.
3 

(1) ... The competent authority for the purposes of  the RPT Chapter, Interbus, the RSR Protocol  and of these Regulations is the Department.
(2) It is the duty of the Department to perform the functions conferred on the competent authority by the provisions specified in paragraph (1).
4 

(1) This regulation applies to a vehicle not registered in the United Kingdom but which is registered in  a  Member State, an EEA State or an Interbus State, and which is being used in Northern Ireland in accordance with—
(a) Interbus for the provision of liberalised occasional services or non-liberalised occasional services; ...
(b) the RSR Protocol for the provision of regular services or special regular services; or
(c) the RPT Chapter for the provision of occasional services, regular services or special regular services outside the scope of Interbus and the RSR Protocol.
(2) In relation to a vehicle to which this regulation applies—
(a) the 1967 Act has effect as if section 4 (grant of road service licences) was omitted; and
(b) none of the provisions of the Public Service Vehicles Regulations (Northern Ireland) 1985 and the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995 shall have effect.
(3) In this regulation, “Interbus State” means a State, not being a Member State, which is a contracting party to Interbus.
5 

(1) An applicant for a control document shall pay to the Department, when an application is made, a fee of £5.50 for a single waybill or £13.00 for a book of 25 waybills.
(2) An applicant for an authorisation shall pay to the Department, when an application is made, a fee of £140.00 in respect of the application.
(3) An applicant for an authorisation shall pay to the Department, before the authorisation is issued, in addition to the fee required by paragraph (2), a fee of £30.00 in respect of each year of validity of the authorisation.
(4) An applicant for a certified copy of an authorisation shall pay to the Department, when an application is made, a fee of £10.00 in respect of each copy requested.
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(1) The Department may refuse to issue  an  or authorisation to an applicant if the applicant fails to supply any information that the Department may reasonably request pursuant to  —  
(a) Article 9(3) of the RSR Protocol; or
(b) Article 478(3) of the RPT Chapter.
(2) The holder of  an  or authorisation shall supply such information as the Department may reasonably require from time to time to enable it to decide whether the holder is entitled to retain the ... authorisation.
(3) A person who fails to supply any information required under paragraph (2) may have the ... authorisation, and any certified true copies of it, withdrawn by the Department.
11 

(1) Paragraph (2) applies if it appears to an authorised officer that a vehicle is being used in circumstances such that—
(a) an operator’s licence for the international carriage of passengers by road,
(b) an authorisation, or
(c) a control document,may be required.
(2) The authorised officer may direct the driver to stop the vehicle so that they can conduct checks as to whether an offence has been committed under these Regulations.
(3) In this regulation “authorised officer” means an officer appointed under Article 74 of the 1995 Order.
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13 

(1) The 1967 Act is amended in accordance with paragraphs (2) to (4).
(2) In section 34(a) (forgery of licences), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.
(3) In section 35(f) (false statements), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.
(4) In section 81(1) (interpretation), after the definition of “the 2009 Regulation” insert—
 “Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;”.
14 

(1) The Road Traffic (Northern Ireland) Order 1981 is amended in accordance with paragraphs (2) to (4).
(2) In Article 84(2) (power in certain cases to prohibit driving of foreign vehicles), in sub-paragraph (b), after “statutory provisions” insert “or the provision of the EU instrument”.
(3) In Schedule 1 (statutory provisions conferring functions on authorised officers), after the entry relating to Articles 86 and 87 of the 1995 Order, insert—“
Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ No. L321, 26.11.2002, p. 13). To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.
 
Article 20 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement). To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.”
(4) In Schedule 2 (statutory provisions relating to vehicles and their drivers)—
(a) for the entry relating to regulation 3 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 substitute—“
Article 4(3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006. Requirement to keep a certified true copy of a Community licence in a vehicle and present it at the request of any authorised inspecting officer.”;
(b) for the entry relating to regulation 8 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 substitute—“
Article 17(1) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006. Requirement to keep a journey form on board a vehicle and present it at the request of any authorised inspecting officer.”
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In regulation 7(2)(b) (determination in respect of a transport manager: disqualification orders) of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014, for “Article 8.3” substitute “Article 8.8”.
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(1) is guilty of an offence.
(2) It is an offence—
(a) intentionally to obstruct any person acting in the execution or enforcement of these Regulations;
(b) without reasonable cause, to fail to give to any such person any assistance or information which that person may reasonably require under these Regulations;
(c) to furnish to any such person information knowing it to be false or misleading; or
(d) to fail to produce a document or record to any such person when required to do so.
17 
For the purposes of these Regulations section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A person guilty of  an offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
19 
The Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 are revoked.
Sealed with the Official Seal of the Department for Infrastructure on 4th March 2019
Tom Reid
A senior officer of the
Department for Infrastructure
Sealed with the Official Seal of the Department of Finance on 4th March 2019
Emer Morelli
A senior officer of the
Department of Finance

SCHEDULE 1
Regulation 16


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SCHEDULE 2
Regulation 16


Provision of Interbus Subject matter
Article 5 Requirement for vehicles used for international occasional services to comply with technical standards
 
Article 7(1) Authorisation for non-liberalised occasional services
 
Article 10 Control documents required for operating liberalised occasional services exempted from authorisation
 
Article 12(3) Correct completion of control documents
 
Article 13 Correct completion of control documents
 
Article 18 Authorisation or control document required for inspection on the road
 
Article 20 Requirement to possess a true copy of a licence to be carried for the purposes of international occasional services
Schedule 3
Regulation 16(1)(b)


Provision of the RSR Protocol Subject matter
Article 5 Requirement to comply with the technical standards referred to in Annex 2 of the RSR Protocol
Article 6(2) Requirement for an operator to have an authorisation for the provision of regular and special regular services operating under the RSR Protocol
Article 6(4) Requirement for an operator to have an authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and service of additional stops on existing regular services
Article 8(9) Requirement for an additional vehicle, used to deal with temporary and exceptional circumstances, to comply with the conditions of authorisation under Article 8(6) of the RSR Protocol
Article 8(9) Requirement for contract, or equivalent document, to be kept in an additional vehicle, used to deal with temporary and exceptional circumstances
Article 8(9) Requirement to present contract, or equivalent document, at the request of an authorised inspecting officer
Article 13(1) Requirement for an operator providing regular or special regular services under the RSR Protocol to comply with the conditions of the authorisation
Article 13(2) Requirement for an operator operating services under the RSR Protocol to provide information to passengers
Article 15(1) Requirement for authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, for services operating under the RSR Protocol to be kept in the vehicle
Article 15(1) Requirement to present authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, at the request of an authorised inspecting officer
Article 15(2) Requirement for control documents for the operation of special regular services under the RSR Protocol to be kept in the vehicle
Article 15(2) Requirement to present control documents for the operation of special regular services under the RSR Protocol, at the request of an authorised inspecting officer
Schedule 4
Regulation 16(1)(c)


Provision of the RPT Chapter Subject matter
Article 475(8) Requirement for services operated under the Trade and Cooperation Agreement (“the TCA”) to be performed using buses and coaches registered in the Party where the operator is established or resides
Article 475(8) Requirement to comply with the technical standards laid down in Annex 2 to Interbus
Article 476(2) Requirement for authorisation for regular and special regular services operating under the TCA
Article 476(4) Requirement for authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and serving of additional stops on existing regular services
Article 483(1) Requirement to keep authorisation and operator’s licence, or certified true copies thereof, on buses or coaches when operating services under the TCA
Article 483(1) Requirement to present authorisation and operator’s licence, or certified true copies thereof, at the request of an authorised inspecting officer
Article 483(2) Requirement for control documents for the operation of special regular services under the TCA to be kept in the vehicle
Article 483(2) Requirement to present control documents for the operation of special regular services under the TCA at the request of an authorised inspecting officer
Article 483(3) Requirement to carry on board buses or coaches operated under the TCA completed journey forms in the form specified in Annex 34 to the TCA