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The Goods Vehicles (Licensing of Operators) Act 1995(Commencement and Transitional Provisions) Order 1995

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Authorised vehicles

5.—(1) Section 5 of the 1995 Act (which replaces section 61 of the 1968 Act) shall have effect in relation to an old style licence as if for subsection (1) there were substituted—

“(1) Subject to subsection (2) of this section, the vehicles authorised to be used under an operator’s licence shall be—

(a)such motor vehicles, being vehicles in the lawful possession of the holder of the licence as are specified in the licence;

(b)trailers from time to time in the lawful possession of the holder of the licence, not exceeding at any time such maximum number as is specified in the licence;

(c)unless the licence does not permit the addition of vehicles under this paragraph and subject to subsection (6) of this section, motor vehicles not exceeding such maximum number as is specified in the licence, being vehicles in the lawful possession of the holder of the licence.

For the purposes of paragraphs (b) and (c) of this subsection different types of trailers or different types of motor vehicles, as the case may be, may be distinguished in a licence and a maximum number may be specified in the licence for trailers or vehicles of each type.”.

(2) Section 5(2) and (3) of the 1995 Act shall not have effect in relation to an old-style licence.

(3) Subject to sub-paragraph (4) below, section 5(6) of the 1995 Act shall have effect in relation to an old-style licence as if for the words “subsection (1)” there were substituted the words “subsection (1)(c)”.

(4) In section 5(6) of the 1995 Act, the words “and has paid him a prescribed fee” shall not have effect in relation to a notice given to the traffic commissioner under section 61(3) of the 1968 Act before the appointed day.

(5) In section 5(7) of the 1995 Act, the words “and the prescribed fee has been duly paid under subsection (6)” shall not have effect in relation to a notice to the traffic commissioner under section 61(3) of the 1968 Act before the appointed day.

(6) Section 6 of the 1995 Act shall not have effect in relation to an old-style licence.

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