Public Passenger Vehicles Act 1981

9 Power to prohibit driving of unfit public service vehicles.E+W+S

(1)If on any inspection of a public service vehicle it appears to a certifying officer or public service vehicle examiner [F1or an authorised inspector] that owing to any defects therein the vehicle is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road either—

(a)absolutely; or

(b)for one or more specified purposes; or

(c)except for one or more specified purposes.

(2)A prohibition under subsection (1) above may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station.

(3)Where a certifying officer or examiner [F2or authorised inspector] prohibits the driving of a vehicle under subsection (1) above, he shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—

(a)specifying the defects which occasioned the prohibition;

(b)stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and

(c)stating whether the prohibition is to come into force immediately or at the end of a specified period.

(4)If the person to whom written notice of a prohibition is given under subsection (3) above as being the person in charge of the vehicle at the time of the inspection is not—

(a)the operator of the vehicle; or

(b)if there is no operator at that time, the owner of the vehicle,

the officer or examiner [F2or authorised inspector] shall as soon as practicable take steps to bring the contents of the notice to the attention of the said operator or owner.

(5)If, in the opinion of the certifying officer or examiner [F3or authorised inspector] concerned, the defects in the vehicle in question are such that driving it, or driving it for any purpose prohibited by the notice given to the person in charge of it, would involve danger to [F4the driver or to passengers or other members of the public][F4any person], the prohibition under subsection (1) above with respect to the vehicle shall come into force as soon as that notice has been given.

(6)In any other case a prohibition under subsection (1) above shall come into force at such time not later than ten days from the date of the inspection as seems appropriate to the certifying officer or examiner [F5or authorised inspector] having regard to all the circumstances.

(7)Where a notice has been given under subsection (3) above, any certifying officer or public service vehicle examiner [F6or an authorised inspector] may—

(a)grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose or purposes as may be specified in the exemption;

(b)by endorsement on the notice vary its terms and, in particular—

(i)alter the time at which the prohibition is to come into force, or suspend it if it has come into force; or

(ii)cancel a direction under subsection (2) above with which the prohibition was imposed.

(8)Subject to any subsisting direction under subsection (2) above, a prohibition under subsection (1) above with respect to any vehicle may be removed by any certifying officer or public service vehicle examiner [F7or an authorised inspector] if he is satisfied that the vehicle is fit for service; [F8and a person aggrieved by the refusal of a public service vehicle examiner [F9or certifying officer][F7or an authorised inspector] to remove a prohibition may make an application to the traffic [F10commissioner] for any area to have the vehicle inspected

[F11(a)in the case of a refusal by a public service vehicle examiner, by a certifying officer; and

(b)in the case of a refusal by a certifying officer, by another certifying officer;

and] where such an application is made, the certifying officer to whom the matter is referred by the [F10commissioner] shall, if he considers that the vehicle is fit for service, remove the prohibition.]

(9)Except in such cases as may be prescribed, a person who—

(a)knowingly drives a vehicle in contravention of a prohibition under subsection (1) above; or

(b)subject to section 68(3) of this Act, causes or permits a vehicle to be driven in contravention of such a prohibition,

shall be liable on summary conviction to a fine not exceeding [F12level 5 on the standard scale].

[F13(10)Any removal of a prohibition under subsection (1) above shall be made by notice in writing.]