213Issue of dangerous goods vehicle licence

213 Issue of dangerous goods vehicle licence

(1) Subject to subregulation (3), the licensing authority must issue or renew a dangerous goods vehicle licence for a relevant vehicle if—

(a) an application is made to the licensing authority for the licence; and

(b) the application complies with regulation 211; and

(c) the applicant has complied with any requirement made under regulation 212 in relation to the application; and

(d) the relevant vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the relevant vehicle.

(2) Without limiting subregulation (1)(d), if a relevant vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the relevant vehicle or be attached to it, the relevant vehicle is suitable only if—

(a) the tank is an approved tank; and

Reg. 213(2)(b) amended by S.R. No. 103/2023 reg. 15.

(b) the relevant vehicle complies with the requirements of Chapters 4.4 and 6.10 of the ADG Code applying to relevant vehicles for use in transporting dangerous goods in the form of a liquid or gas.

(3) The licensing authority must not issue the licence if—

(a) the applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or

(b) the licensing authority is not satisfied as to the identity of the applicant; or

(c) the licensing authority is satisfied—

(i) that the application was false or misleading in a material respect; or

(ii) that the applicant has failed to disclose to the licensing authority any significant information that should have been disclosed to the licensing authority.

(4) The licensing authority may issue or renew a single dangerous goods vehicle licence for more than one relevant vehicle.

Section 21(7) of the Act requires that if the Authority decides to refuse to issue or renew a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal.

(5) After issuing a licence the licensing authority must give the licensee a document that includes—

(a) the name and address of the licensee; and

(b) the date on which the licence was issued and, if the licence specifies a date on which the licence takes effect, the date on which the licence takes effect; and

(c) an identifying number; and

(d) the information required under regulation 211(3) for the vehicle or vehicles to which the licence applies; and