The Department of the Environment today provided clarification on the situation for people hiring buses from non-Northern Ireland operators.
An opinion from the European Commission has clarified that contracted home to school transport can be provided by Republic of Ireland bus operators.
In June 2012 the DOE, having obtained extensive legal opinion, advised that in its view some contracted home to school transport in Northern Ireland by Republic of Ireland bus operators did not comply with European Law because of the duration of the contracts. In addressing this situation the Department took action to ensure that those services provided by Republic of Ireland operators complied with the same legislative requirements as Northern Ireland operators.
At that time Minister Attwood made it clear his primary concern was to ensure that all bus journeys in Northern Ireland were safe and comply with all relevant laws. However, mindful that the interpretation of the Commission legislation was complex, he committed to bring the fullest clarity to the matter and decided to seek further guidance from the EU Commission, working in conjunction with the British and Irish Governments.
The Commission’s opinion indicates that cross-border home to school contracts for one year extendable for two further years are in compliance with European Law (an activity known as cabotage) and in light of this the Department has decided to revise the guidance it issued in June 2012.
Alex Attwood said: ”My primary concern today remains the same as it was in June 2012, that is to ensure that all bus journeys in Northern Ireland are safe and comply with all relevant laws. While the European law which governs this activity is complex I accept the Commission’s opinion that southern operators are able to undertake certain types of work in Northern Ireland without having to obtain Northern Irish operator licences.
“Given the Commission’s opinion my Department will now work closely with the bus industry to ensure that all operators working in Northern Ireland, and all hirers of buses, are clear as to the legal requirements. This will include continuing engagement with the Commission to clarify further points of law.
“I will continue to engage with the British and Irish Governments to make sure that the Commission’s principles are applied for Northern operators working in the South.”
If organisations have any questions, they should contact the Driver and Vehicle Agency Road Transport Licensing Division on 028 9025 4129.
Notes to editors:
1. EC Regulation 1073/2009, which came into effect on 4 December 2011, covers cross-border bus transport and includes provisions covering cabotage services. These provisions update those in previous EC Regulations. Given that this is a complex area of law, the Department took extensive legal advice before giving initial advice.
2. For media enquiries please contact the DOE Press Office on 028 9025 6058 or out of hours contact the duty press officer on pager 07699 715 440 and your call will be returned.
An opinion from the European Commission has clarified that contracted home to school transport can be provided by Republic of Ireland bus operators.
In June 2012 the DOE, having obtained extensive legal opinion, advised that in its view some contracted home to school transport in Northern Ireland by Republic of Ireland bus operators did not comply with European Law because of the duration of the contracts. In addressing this situation the Department took action to ensure that those services provided by Republic of Ireland operators complied with the same legislative requirements as Northern Ireland operators.
At that time Minister Attwood made it clear his primary concern was to ensure that all bus journeys in Northern Ireland were safe and comply with all relevant laws. However, mindful that the interpretation of the Commission legislation was complex, he committed to bring the fullest clarity to the matter and decided to seek further guidance from the EU Commission, working in conjunction with the British and Irish Governments.
The Commission’s opinion indicates that cross-border home to school contracts for one year extendable for two further years are in compliance with European Law (an activity known as cabotage) and in light of this the Department has decided to revise the guidance it issued in June 2012.
Alex Attwood said: ”My primary concern today remains the same as it was in June 2012, that is to ensure that all bus journeys in Northern Ireland are safe and comply with all relevant laws. While the European law which governs this activity is complex I accept the Commission’s opinion that southern operators are able to undertake certain types of work in Northern Ireland without having to obtain Northern Irish operator licences.
“Given the Commission’s opinion my Department will now work closely with the bus industry to ensure that all operators working in Northern Ireland, and all hirers of buses, are clear as to the legal requirements. This will include continuing engagement with the Commission to clarify further points of law.
“I will continue to engage with the British and Irish Governments to make sure that the Commission’s principles are applied for Northern operators working in the South.”
If organisations have any questions, they should contact the Driver and Vehicle Agency Road Transport Licensing Division on 028 9025 4129.
Notes to editors:
1. EC Regulation 1073/2009, which came into effect on 4 December 2011, covers cross-border bus transport and includes provisions covering cabotage services. These provisions update those in previous EC Regulations. Given that this is a complex area of law, the Department took extensive legal advice before giving initial advice.
2. For media enquiries please contact the DOE Press Office on 028 9025 6058 or out of hours contact the duty press officer on pager 07699 715 440 and your call will be returned.
Story by DOE
News Archive