PART I E+W+S Preliminary

Definition and classification of public service vehiclesE+W+S

1 Definition of “public service vehicle”.E+W+S

(1)Subject to the provisions of this section, in this Act “public service vehicle” means a motor vehicle (other than a tramcar) which—

(a)being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or

(b)being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.

(2)For the purposes of subsection (1) above a vehicle “is used” as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.

(3)A vehicle carrying passengers at separate fares in the course of a business of carrying passengers, but doing so in circumstances in which the conditions set out in Part I, . . . F1 or III of Schedule 1 to this Act are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.

(4)For the purposes of this section a journey made by a vehicle in the course of which one or more passengers are carried at separate fares shall not be treated as made in the course of a business of carrying passengers if—

(a)the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey; and

(b)the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began;

and for the purposes of paragraph (a) above the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.

(5)For the purposes of this section, . . . F2 and Schedule 1 to this Act—

(a)a vehicle is to be treated as carrying passengers for hire or reward if payment is made for, or for matters which include, the carrying of passengers, irrespective of the person to whom the payment is made and, in the case of a transaction effected by or on behalf of a member of any association of persons (whether incorporated or not) on the one hand and the association or another member thereof on the other hand, notwithstanding any rule of law as to such transactions;

(b)a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;

(c)a payment shall be treated as made for the carrying of a passenger if made in consideration of a person’s being given a right to be carried, whether for one or more journeys and whether or not the right is exercised.

(6)Where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of subsection (5) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator’s control, part of that journey may be made by road.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Traffic Areas and Traffic commissionersE+W+S

3 Traffic areas.E+W+S

(1)For the purposes of this Act Great Britain shall be divided into the Metropolitan, Northern, Yorkshire, North-Western, West Midland, East Midland, Eastern, South Wales, Western, South-Eastern and Scottish Traffic Areas.

(2)The Secretry of State may from time to time by order vary the provisions of this Act constituting traffic areas, either by altering the limits of an existing traffic area or by increasing or reducing the number of traffic areas or otherwise as he may think fit.

[F4(2A)The power to make an order under subsection (2) above includes power to make—

(a)such incidental, consequential, supplemental or transitional provision, and

(b)such savings,

as the Secretary of State may consider necessary or expedient for the purpose of, or in consequence of, or for giving full effect to, any order under that subsection for varying the number or limits of traffic areas in England and Wales.

(2B)The power conferred by subsection (2A) above includes power to amend or modify any provision of this Act or any other enactment (whenever passed or made) for the purpose of making any such provision or savings.

(2C)The powers conferred by subsections (2A) and (2B) above are without prejudice to what may be done under subsection (3) below.]

(3)An order under this section for varying the number or limits of traffic areas may contain such consequential and incidental provisions, including provisions—

(a)as to the effect of licences previously issued, and consents previously given, by the traffic [F5commissioner] for any traffic area abolished or otherwise affected;

(b)as to the effect of applications for licences or consents previously made to any such traffic [F5commissioner], as to the traffic [F5commissioner] to whom applications relating to any such area may be made between the date of the order and the date as from which the abolition of, or other change in, the area is to have effect, and as to the traffic [F5commissioner] by whom and the places at which any such application may be heard, either before or after the last mentioned date;

(c)as to the continuance of appeals pending against decisions of the traffic [F5commissioner] for any traffic area abolished or otherwise affected; and

(d)as to the recovery of any sums due, at the date as from which a traffic area is abolished, to the traffic [F5commissioner] for that area,

as appear to the Secretary of State to be necessary or expedient in consequence of the variations of areas to be affected by the order.

(4)The power to make orders conferred by this section shall be exercisable by statutory instrument which shall be laid before Parliament after being made, and an order under this section shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

[F64 Traffic commissioners.E+W+S

(1)There shall be a commissioner for each traffic area constituted for the purposes of this Act.

(2)The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area.

(3)The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment.

(4)Any person appointed to be the traffic commissioner for a traffic area shall—

(a)act under [F7the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner]; and

(b)vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty’s pleasure.

(5)Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain.

(6)Schedule 2 to this Act shall have effect with respect to traffic commissioners.]

[F84AAppointment of senior traffic commissionerE+W+S

(1)One of the traffic commissioners shall be appointed by the Secretary of State to be the senior traffic commissioner.

(2)The senior traffic commissioner shall have such functions as may be conferred or imposed by or under any of the following enactments—

(a)section 4B below (deployment of traffic commissioners),

(b)section 4C below (guidance and general directions),

or any other provision of this Act or any other enactment.

(3)The senior traffic commissioner—

(a)shall hold office for such period as the Secretary of State specifies when making the appointment; but

(b)ceases to hold that office on ceasing to hold office as a traffic commissioner.

(4)A traffic commissioner who has been the senior traffic commissioner is eligible for re-appointment as the senior traffic commissioner.

(5)In the case of illness, incapacity or absence of the senior traffic commissioner, the Secretary of State may appoint another traffic commissioner to act as deputy for the senior traffic commissioner.

(6)Where the office of senior traffic commissioner becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as senior traffic commissioner pending the appointment of a new senior traffic commissioner.

(7)Any person appointed under subsection (6) above shall—

(a)hold office for such period as the Secretary of State specifies when making the appointment; and

(b)during that period be treated for all purposes as the senior traffic commissioner.

4BPower of senior traffic commissioner to deploy other commissionersE+W+S

(1)In this section—

(a)subsections (2) to (4) confer powers on the senior traffic commissioner in relation to traffic commissioners and deputy traffic commissioners for England and Wales; and

(b)subsections (5) to (7) confer powers on the senior traffic commissioner in relation to the Scottish traffic commissioner and any deputy traffic commissioners for the Scottish traffic area.

(2)The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of the functions of traffic commissioner for England and Wales as the senior traffic commissioner may determine—

(a)in relation to such matters relating to England and Wales, or

(b)as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may determine.

(3)The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of those functions as the senior traffic commissioner may determine at such places—

(a)in England and Wales, or

(b)in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may determine.

(4)Subsections (2) and (3) above also apply in relation to a deputy traffic commissioner for England and Wales as they apply in relation to a traffic commissioner for England and Wales, construing the references to functions accordingly.

(5)The senior traffic commissioner may require the Scottish traffic commissioner to carry out as respects England and Wales such of the functions exercisable by the Scottish traffic commissioner in relation to reserved matters by virtue of section 4(3B)(b) of this Act as the senior traffic commissioner may determine.

(6)The senior traffic commissioner may require the Scottish traffic commissioner to carry out such of those functions as the senior traffic commissioner may determine at such places in England and Wales as the senior traffic commissioner may determine.

(7)Subsections (5) and (6) above also apply in relation to a deputy traffic commissioner for the Scottish Traffic Area as they apply in relation to the Scottish traffic commissioner, construing the references to functions accordingly.

(8)In this section—

• “deputy traffic commissioner for the Scottish Traffic Area” means any person appointed under paragraph 3 or 4 of Schedule 2 to this Act to act as deputy in the case of the Scottish traffic commissioner;

• “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.

4CPower of senior traffic commissioner to give guidance and directionsE+W+S

(1)The senior traffic commissioner may give to the traffic commissioners—

(a)guidance, or

(b)general directions,

as to the exercise of their functions under any enactment.

This subsection is subject, in relation to Scotland, to subsection (5) below.

(2)The guidance that may be given under subsection (1)(a) above includes guidance as to—

(a)the meaning and operation of any enactment or instrument relevant to the functions of traffic commissioners;

(b)the circumstances in which, and the manner in which, a traffic commissioner should exercise any power to impose any sanction or penalty;

(c)matters which a traffic commissioner should or should not take into account when exercising any particular function.

(3)The directions that may be given under subsection (1)(b) above include directions as to—

(a)the circumstances in which, and the manner in which, officers or servants of a traffic commissioner may exercise any function for or on behalf of the traffic commissioner, and any conditions which such officers or servants must meet before they may do so;

(b)the information which a traffic commissioner must ask to be supplied in connection with the exercise of any particular function, and the steps which must be taken to verify the accuracy of any information so supplied;

(c)the procedure to be adopted in conducting inquiries under section 54 of this Act, section 35 of the Goods Vehicles (Licensing of Operators) Act 1995 or any other enactment;

(d)the manner in which a traffic commissioner must or may publish his decisions;

(e)circumstances in which a traffic commissioner must consult some, or all, of the other traffic commissioners before exercising any particular function.

(4)The senior traffic commissioner must consult each of the following persons before giving any guidance or directions under subsection (1) above—

(a)the Secretary of State;

(b)the Scottish Ministers, if the senior traffic commissioner considers it appropriate;

(c)the Welsh Ministers, if the senior traffic commissioner considers it appropriate;

(d)such of the other traffic commissioners as the senior traffic commissioner considers appropriate;

(e)such organisations representative of the interests of local government, of London government, of Integrated Transport Authorities and of Passenger Transport Executives as the senior traffic commissioner considers appropriate;

(f)such organisations representative of the interests of users of public passenger transport services as the senior traffic commissioner considers appropriate;

(g)such organisations representative of passenger transport operators, and of road haulage operators, as the senior traffic commissioner considers appropriate;

and such other persons as the senior traffic commissioner considers appropriate.

(5)The only guidance or directions under this section which the senior traffic commissioner may give to the Scottish traffic commissioner are guidance or directions as to the exercise of functions that relate to reserved matters within the meaning of the Scotland Act 1998.

4DGuidance to senior traffic commissioner by Secretary of StateE+W+S

(1)The Secretary of State may give the senior traffic commissioner guidance as to the exercise of any of the senior traffic commissioner's functions.

(2)The senior traffic commissioner must have regard to any guidance given under subsection (1) above.]

[F95 Publication of information by traffic commissioners.E+W+S

(1)Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed.

(2)Where the traffic commissioner for a traffic area publishes information under this section he shall—

(a)send a copy of the publication–

(i)to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and

(ii)where that traffic area falls wholly or partly within London, to [F10Transport for London]; and

(b)make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one.

(3)In this section “local authority” means—

(a)in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and

(b)in Scotland, any [F11council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]]

PART II E+W+S General Provisions Relating to Public Service Vehicles

Fitness of public service vehiclesE+W+S

6 Certificate of initial fitness (or equivalent) required for use as public service vehicles.E+W+S

(1)A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—

(a)[F12an examiner appointed under section 66A of the Road Traffic Act 1988][F13or an authorised inspector] has issued a certificate (in this Act referred to as a “certificate of initial fitness”) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle; or

(b)a certificate under section 10 of this Act has been issued in respect of the vehicle; or

(c)there has been issued in respect of the vehicle a certificate under section 47 of the M1Road Traffic Act 1972 [F14or sections 55 to 58 of the Road Traffic Act 1988] (type approval) of a kind which by virtue of regulations is to be treated as the equivalent of a certificate of initial fitness.

[F15(1A)Without prejudice to the powers of the Secretary of State under section 7 of this Act in relation to the exercise by certifying officers of their functions, regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.]

(2)Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F16level 4 on the standard scale].

F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

8 Powers of, and facilities for, inspection of public service vehicles.E+W+S

—(1)

F18(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may—

(a)provide and maintain stations where inspections of public service vehicles F19. . . may be carried out;

(b)designate premises as stations where such inspections may be carried out; and

(c)provide and maintain apparatus for the carrying out of such inspections;

and in this Act “official PSV testing station” means a station provided, or any premises for the time being designated, under this subsection.

F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

[F219A Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles.E+W+S

(1)Section 8 of this Act shall apply, F22. . ., to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.

F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

10 Approval of type vehicle and effect thereof.E+W+S

(1)Where the Secretary of State is satisfied in respect of one vehicle of a particular type that the prescribed conditions as to fitness are fulfilled in respect of the vehicle he may, on payment of the prescribed fee, approve the vehicle as a type vehicle.

(2)Where a type vehicle has been approved under this section and a declaration in the prescribed form has been made by a person authorised by the Secretary of State in that behalf that any other vehicle conforms in design, construction and equipment with the type vehicle, [F24an examiner appointed under section 66A of the Road Traffic Act 1988] may, after examining if he thinks fit that other vehicle, issue a certificate in the prescribed form that the vehicle conforms to the type vehicle.

(3) The Secretary of State may at any time withdraw his approval of a type vehicle and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 6 of this Act.

11 Modification of section 6 in relation to experimental vehicles.E+W+S

(1)Where it appears to the Secretary of State expedient to do so for the purpose of the making of tests or trials of a vehicle or its equipment, he may by order made in respect of that vehicle for the purposes of section 6 of this Act dispense with such of the prescribed conditions as to fitness referred to in subsection (1)(a) of that section as are specified in the order.

(2)While such an order is in force in respect of a vehicle, section 6 of this Act shall have effect in relation to the vehicle as if the prescribed conditions as to fitness referred to in subsection (1)(a) of that section did not include such of those conditions as are dispensed with by the order.

(3)An order under this section shall specify the period for which it is to continue in force, and may contain, or authorise the imposition of, requirements, restrictions or prohibitions relating to the construction, equipment or use of the vehicle to which the order relates.

(4)Where an order under this section in respect of a vehicle is revoked or otherwise ceases to have effect, any certificate of initial fitness issued under section 6 of this Act in respect of the vehicle while the order was in force shall, for the purposes of that section as regards any use of the vehicle after the order has ceased to have effect, be deemed never to have been issued.

Public service vehicle operators’ licencesE+W+S

12 PSV operators’ licences. E+W+S

[F25(1)A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator’s licence granted in accordance with the following provisions of this Part of this Act.]

(2)The authority having power to grant a PSV operator’s licence is the traffic [F26commissioner] for any traffic area in which, if the licence is granted, there will be one or more operating centres of vehicles used under the licence; and, subject to the provisions of this Part of this Act, a PSV operator’s licence authorises the holder to use anywhere in Great Britain vehicles which have their operating centre in the area of the traffic [F26commissioner] by whom the licence was granted.

(3)A person may hold two or more PSV operators’ licences each granted by the traffic [F26commissioner] for [F27a different area], but shall not at the same time hold more than one such licence granted by the [F26commissioner] for the same area.

(4)An application for a PSV operator’s licence shall be made in such a form as the traffic [F28commissioner] may require, and an applicant shall give the [F28commissioner] such information as [F29he] may reasonably require for disposing of the application.

(5)Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F30level 4 on the standard scale].

[F3112ADetention of certain PSVs used without PSV operators' licencesE+W+S

Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect. .]

13 Classification of licences.E+W+S

(1)A PSV operator’s licence may be either a standard licence or a restricted licence.

(2)A standard licence authorises the use of any description of public service vehicle and may authorise use either—

(a)on both national and international operations; or

(b)on national operations only.

(3)A restricted licence authorises the use (whether on national or international operations) of—

(a)public service vehicles not adapted to carry more than eight passengers; and

(b)public service vehicles not adapted to carry more than sixteen passengers when used—

(ii)otherwise than in the course of a business of carrying passengers; or

(ii)by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers.

(4)For the purposes of subsection (3)(b)(i) above, a vehicle used for carrying passengers by a local or public authority shall not be regarded as used in the course of a business of carrying passengers unless it is used by the public service vehicle undertaking of that authority.

14 Grant of licences.E+W+S

(1)An application for a standard licence shall not be granted unless the traffic [F32commissioner][F33is] satisfied that the applicant meets the following requirements, namely—

(a)the requirement to be of good repute;

(b)the requirement to be of appropriate financial standing; and

(c)the requirement as to professional competence;

and an application for a restricted licence shall not be granted unless the traffic [F32commissioner][F33is] satisfied that the applicant meets the requirements to be of good repute and of appropriate financial standing.

(2)The provisions of Schedule 3 to this Act shall have effect for supplementing the provisions of subsection (1) above, and for modifying the operation of that subsection in the case of persons engaged in road passenger transport before 1st January 1978.

(3)Notwithstanding that it appears to the traffic [F34commissioner] on an application for a standard or restricted licence that the requirements mentioned in subsection (1) above are met, the application shall not be granted unless the [F34commissioner][F35is] further satisfied—

(a)that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

(b)that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

[F36(3A)In considering on an application for a PSV operator’s licence whether the requirements mentioned in subsection (3) above are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application and may assume that those undertakings will be fulfilled.]

(4)If on an application for a PSV operator’s licence the traffic [F37commissioner][F38determines] that the relevant requirements mentioned in subsection (1) above and the further requirements mentioned in subsection (3) above are satisfied [F38he] shall, subject to [F39 section 16] of this Act, grant the licence in accordance with the application.

[F40(5)In any case where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by him under subsection (3A) above that he considers to be material to the granting of the application shall be recorded in the licence issued to the applicant.]

[F4114A Objections to application for PSV operator’s licence. E+W+S

(1)Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in section 14(1) and (3) of this Act are not satisfied in relation to the application.

(2)An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.

[F42(2A)Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.]]

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “local authority” means—

(a)in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and

(b)in Scotland, a [F44council consitituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(5)This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).

15 Duration of licences.E+W+S

(1)There shall be specified in every PSV operator’s licence the date on which the licence is to come into force .

[F45(2)Subject to its revocation or other termination under any provision of this Act or another statutory provision, a PSV operator’s licence shall continue in force indefinitely.

(3)If the holder of a PSV operator’s licence requests the traffic commissioner by whom it was granted to terminate it at any time, the commissioner shall, subject to subsection (4) below, comply with the request.

(4)The traffic commissioner may refuse to comply with the request if he is considering taking action in respect of the licence under section 17(1) or (2) of this Act.]

16 Conditions attached to licences. E+W+S

(1)[F46Subject to subsection (1A) below and section 12(7) of the Transport Act 1985][F47A traffic commissioner] on granting a PSV operator’s licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the area of [F47that commissioner]) which the holder of the licence may at any one time use under the licence.

[F48(1A)In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.]

(2)Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.

(3)[F49A traffic commissioner] may (whether at the time when the licence is granted or at any time thereafter) attach to a PSV operator’s licence granted by [F50him] such conditions or additional conditions as [F49he thinks] fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.

(4)Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator’s licence may stop to take up or set down passengers.

(5)The traffic [F51commissioner] by whom a PSV operator’s licence was granted may at any time while it is in force vary the licence by—

(a)altering in such manner as [F52he thinks] fit any condition attached under subsection (3) above to the licence; or

(b)removing any condition so attached to the licence.

(6)On the application of the holder of a PSV operator’s licence, the traffic [F53commissioner] by whom the licence was granted may at any time while it is in force—

(a)vary the conditions attached under subsection (1) above to the licence; F54. . .

(b)exercise [F53his] powers (whether of alteration or removal) under subsection (5) above; [F55or

(c)vary or remove any undertaking recorded in the licence;]

and a person making an application under this subsection shall give to the traffic [F53commissioner] such information as [F53he] may reasonably require for the discharge of [F53his] duties in relation to the application.

[F56(6A)In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(6B)In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.]

(7)Subject to section 68(3) of this Act, if a condition attached to a PSV operator’s licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding [F57level 3 on the standard scale].

(8)Compliance with any condition attached to a PSV operator’s licence . . . F58[F59(other than a condition so attached under subsection (1A) above)] may be temporarily dispensed with by the traffic [F60commissioner] by whom the licence was granted if [F61he is] satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.

(9)It is hereby declared that the conditions attached under subsection (1) [F62or (1A)] above to a PSV operator’s licence granted by the traffic [F63commissioner] for any area do not affect the use by the holder of the licence of a vehicle—

(a)under a PSV operator’s licence granted to him by the traffic [F63commissioner] for another area; or

(b)in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).

[F6416A Conditions as to matters required to be notified.E+W+S

(1)On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

(a)a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 14(1) of this Act, and to do so within 28 days of the event; and

(b)a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 14(1)(a) or (c) of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.

(2)In subsection (1)(b) above the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 14(1)(c) of this Act.

(3)Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

17 Revocation, suspension etc. of licences.E+W+S

(1)The traffic [F65commissioner] by whom a standard licence was granted shall revoke the licence if it appears to [F65him] at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.

(2)Without prejudice to subsection (1) above, the traffic [F66commissioner] by whom a PSV operator’s licence was granted may, on any of the grounds specified in subsection (3) below, at any time—

(a)revoke the licence;

(b)suspend the licence for such period as [F67he directs]. . .;

F68(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)vary any condition attached under subsection (1) of section 16 of this Act to the licence, or attach to the licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.

(3)The grounds for action under subsection (2) above are—

(a)that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of F69. . . expectation which has not been fulfilled;

[F70(aa)that any undertaking recorded in the licence has not been fulfilled;]

(b)that there has been a contravention of any condition attached to the licence;

(c)that a prohibition under F71[M2section 69 of the Road Traffic Act 1988] has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under [section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition];

(d)in the case of a restricted licence, that the holder no longer satisfies the requirement to be of good repute or the requirement to be of appropriate financial standing;

(e)that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence.

[F72(f)the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators’ licences should be liable to be revoked, suspended, etc.) has effect]

(4)[F73A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [F74an inquiry] if the holder of the licence requests [F75him] to do so.

(5)Where [F76a traffic commissioner decides] to revoke a licence under this section, [F77he] may direct that the revocation shall not take effect for such period as appears to [F77him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

[F78(5A)Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

(5B)A traffic commissioner who has suspended a licence under this section may at any time—

(a)cancel the suspension; or

(b)with the consent of the holder of the licence, vary the period for which it is suspended.]

(6)The provisions of Schedule 3 to this Act shall apply for the purposes of subsections (1) and (3)(d) above as they apply for the purposes of section 14(1) of this Act.

[F7917A Assessors to assist traffic commissioners.E+W+S

(1)In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.

(2)A traffic commissioner shall pay to any such assessor, in respect of his services, such remuneration as may be determined by the Secretary of State with the consent of the Treasury.]

18 Duty to exhibit operator’s disc. E+W+S

(1)Where a vehicle is being used in circumstances such that a PSV operator’s licence is required, there shall be fixed and exhibited on the vehicle in the prescribed manner an operator’s disc issued under this section showing particulars of the operator of the vehicle and of the PSV operator’s licence under which the vehicle is being used.

[F80(2)A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted—

(a)with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or

(b)with such lesser number of operators’ discs as he may request.

(2A)Where, in the case of any PSV operator’s licence, the maximum number referred to in subsection (2)(a) above is increased on the variation of one or more of the conditions there referred to, the traffic commissioner on making the variation shall supply the holder of the licence—

(a)with such number of additional operators’ discs as will bring the total number of operators’ discs held by him in respect of the licence to that maximum number, or

(b)with such lesser number of additional operators’ discs as he may request.

(2B)Where the number of operators’ discs currently held in respect of a PSV operator’s licence is less than the maximum number referred to in subsection (2)(a) above, the traffic commissioner by whom the licence was granted shall on the application of the holder of the licence supply him with such number of additional operators’ discs as is mentioned in subsection (2A)(a) or (b) above.

(2C)Where, in accordance with regulations under subsection (3)(aa) below, all the operators’ discs held in respect of a PSV operator’s licence expire at the same time, the traffic commissioner by whom the licence was granted shall supply the holder of the licence with a number of new operators’ discs equal to the number of discs that have expired.]

(3)Regulations may make provision—

(a)as to the form of operators’ discs and the particulars to be shown on them;

[F81(aa)as to the expiry of operators’ discs;]

(b)with respect to the custody and production of operators’ discs;

(c)for the issue of new operators’ discs in place of those lost, destroyed or defaced;

(d)for the return of operators’ discs [F82on their expiry or otherwise ceasing to have effect,]on the revocation or [F83on termination] of a PSV operator’s licence or in the event of a variation of one or more conditions attached to a licence under section 16(1) of this Act having the effect of reducing the maximum number of vehicles which may be used under the licence.

[F84(e)for the voluntary return of operators’ discs by the holder of a PSV operator’s licence.]

(4)Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F85level 3 on the standard scale].

19 Duty to inform traffic commissioners of relevant convictions etc. E+W+S

(1)A person who has applied for a PSV operator’s licence shall forthwith notify the traffic [F86commissioner] to whom the application was made if, in the interval between the making of the application and the date on which it is disposed of, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.

(2)It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to the traffic [F87commissioner] by whom the licence was granted of—

(a)any relevant conviction of the holder; and

(b)any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder’s road passenger transport business,

and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder’s knowledge in any other case.

[F88(2A)For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.]

(3)It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—

(a)the bankruptcy or liquidation of the holder, or the sequestration of his estate [F89or [F90the entry into administration of] the holder] or the appointment of a receiver, manager or trustee of his road passenger transport business; or

(b)any change in the identity of the transport manager of the holder’s road passenger transport business,

to give notice in writing of that event to the traffic [F91commissioner] by whom the licence was granted.

(4)[F92A traffic commissioner] on granting or varying a PSV operator’s licence, or at any time thereafter, may require the holder of the licence to inform [F93him] forthwith or within a time specified by [F93him] of any material change specified by [F93him] in any of [F92the holder’s] circumstances which were relevant to the grant or variation of the licence.

(5)Subject to section 68(1) of this Act, a person who fails to comply with subsection (1), (2) or (3) above or with any requirement under subsection (4) above shall be liable on summary conviction to a fine not exceeding [F94level 3 on the standard scale].

20 Duty to give traffic commissioners information about vehicles. E+W+S

(1)It shall be the duty of the holder of a PSV operator’s licence, on the happening to any public service vehicle owned by him of any failure or damage of a nature calculated to affect the safety of occupants of the public service vehicle or of persons using the road, to report the matter as soon as is practicable [F95to the [F96Secretary of State]][F95in accordance with regulations made by virtue of subsection (2A) below].

(2)It shall be the duty of the holder of a PSV operator’s licence, on any alteration otherwise than by replacement of parts being made in the structure or fixed equipment of any public service vehicle owned by him, to give notice of the alteration as soon as is practicable [F95to the [F96Secretary of State]][F95in accordance with regulations made by virtue of subsection (2A) below].

[F97(2A)Regulations may make provision—

(a)for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;

(b)for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and

(c)for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a [F98an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector.]

(3)The traffic [F99commissioner] by whom a PSV operator’s licence was granted may—

(a)require the holder of the licence to supply [F99him] forthwith or within a specified time with such information as [F99he] may reasonably require about the public service vehicles owned by [F100the holder] and normally kept at an operating centre within the area of [F100that commissioner], and to keep up to date information supplied by [F100the holder] under this paragraph; or

(b)require the holder or former holder of the licence to supply [F99him] forthwith or within a specified time with such information as [F99he] may reasonably require about the public service vehicles owned by [F100the holder or former holder] at any material time specified by [F99him] which were at that time normally kept at an operating centre within the area of [F100that commissioner].

In this subsection “material time” means a time when the PSV operator’s licence in question was in force.

(4)Subject to section 68(1) of this Act, a person who fails to comply with the provisions of subsection (1) or (2) above or with any requirement under subsection (3) above shall be liable on summary conviction to a fine not exceeding [F101level 3 on the standard scale].

(5)A person who in purporting to comply with any requirement under subsection (3) above supplies any information which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding [F102level 4 on the standard scale].

F103(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Certificates of qualification.E+W+S

(1)A person who wishes to do either of the following things in another member State or in Northern Ireland, namely to carry on a road passenger transport business or to be the transport manager of such a business, may apply—

(a)if he holds a standard licence, to the traffic [F104commissioner] by whom that licence was granted or, if he holds more than one, by whom the last such licence was granted;

(b)in any other case, to the traffic [F104commissioner] for any traffic area,

for a certificate as to his repute and professional competence and, where relevant, his financial standing.

(2)A person applying for a certificate under subsection (1) above shall give to the traffic [F104commissioner] such information as [F104he] may reasonably require for the discharge of [F104his] duties in relation to the application.

(3)The traffic [F104commissioner] to whom an application under subsection (1) above is made shall certify such matters relating to the applicant as—

(a)[F105he is satisfied he] may properly certify, and

(b)appear to [F105the commissioner] to be of assistance to the applicant in satisfying the requirements of the law of the other member State in which he wishes to carry on business or to work or, as the case may be, the requirements of the law of Northern Ireland.

Drivers’ licencesE+W+S

[F10622 Drivers’ licences. E+W+S

(1)A person—

(a)shall not drive a public service vehicle on a road unless he is licensed for the purpose under this section; and

(b)shall not employ a person who is not so licensed for the purpose to drive a public service vehicle on a road.

Notwithstanding section 1(1) of this Act, in this section and in sections 23 to 26 of this Act “public service vehicle” shall be construed as meaning [F107a public service vehicle being used on a road for carrying passengers for hire or reward.]]

(2)The authority having power to grant under this section a licence to a person to drive a public service vehicle shall be— [F108the traffic commissioner for the traffic area in which that person resides at the time when he applies for a licence].

(3)A person shall be disqualified for obtaining a licence to drive a public service vehicle unless he fulfils such conditions as may be prescribed.

(4)A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.

(5)A licence to drive a public service vehicle may at any time be suspended or revoked by the authority by whom it was granted upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence; and a licence suspended under this subsection shall during the time of suspension be of no effect.

(6)A licence to drive a public service vehicle shall, unless previously revoked, continue in force for five years from the date on which it is expressed to take effect.

(7)Without prejudice to section 23(3) of this Act if, on the date on which an application is made for a licence to drive a public service vehicle, the applicant is the holder of such a licence, the existing licence shall, notwithstanding anything in subsection (6) above, continue in force until the application is disposed of.

(8)A licence granted under this section to a person resident in any traffic area shall be valid in every other traffic area.

(9)Subject to section 68(1) and (3) of this Act, a person who contravenes subsection (1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding [F109level 4 on the standard scale].

[F11023 Appeals to courts of summary jurisdiction in connection with driver’s licences.E+W+S

(1)A person who, being the holder of or an applicant for a licence to drive a public service vehicle, feels aggrieved by the refusal or failure of [F111a traffic commissioner]] . . . F112 to grant, or by the suspension or revocation of, such a licence, or by any limitation imposed thereon, may by notice in writing to the [F113commissioner] . . . F112, require [F113him] . . . F112 to reconsider the matter and shall on the reconsideration be entitled to be heard either personally or by his representative.

(2)A person who is so aggrieved or who is dissatisfied with the decision of the [F114commissioner] . . . F115 on the reconsideration of the matter may appeal—

(a)if he resides in England or Wales, to a magistrates’ court acting for the petty sessions area in which he resides,

(b)if he resides in Scotland, to the sheriff within whose jurisdiction he resides,

and on any such appeal the court or sheriff may make such order as it or he thinks fit and any order so made shall be binding on the [F114commissioner] . . . F115.

(3)Where the applicant for a licence to drive a public service vehicle, who is at the date of his application the holder of a licence, appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall, notwithstanding anything in section 22(6) of this Act, continue in force until the appeal has been disposed of.

[F11623A Northern Ireland drivers’ licences.E+W+S

(1)A licensing authority may, notwithstanding any driving test condition imposed by regulations, grant a licence to an applicant to drive a public service vehicle of any type if the authority is satisfied that the applicant has, within the period of five years ending on the date of the coming into force of the licence, held a licence granted under the law of Northern Ireland to drive a public service vehicle of that type.

(2)In this section—

• “driving test condition”, in relation to an applicant for a licence to drive a public service vehicle of any type, means a condition as to the provision of facilities for, or the passing of, a practical test of his ability to drive a public service vehicle of that type;

• “licencing authority” shall be construed in accordance with section 22(2) of this Act.]

Regulation of conduct etc. of drivers, inspectors, conductors and passengersE+W+S

24 Regulation of conduct of drivers, inspectors and conductors.E+W+S

(1)Regulations may make provision for regulating the conduct, when acting as such, of—

(a)[F117persons licensed to act as] drivers of public service vehicles, and

(b)inspectors and conductors of such vehicles; [F118and

(c)drivers, inspectors and conductors of tramcars].

(2)Subject to section 68(1) of this Act, if a person to whom regulations having effect by virtue of this section apply contravenes, or fails to comply with, any of the provisions of the regulations, he shall be liable on summary conviction to a fine not exceeding [F119level 2 on the standard scale] and, in the case of an offence by a person acting as driver [F120of a public service vehicle], the court by which he is convicted may, if it thinks fit, cause particulars of the conviction to be endorsed upon [F121the counterpart of] the licence granted to that person under [F122Part III of the Road Traffic Act 1988] [F123or, as the case may be, the counterpart (if any) of his Community licence (within the meaning of that Part)] [F124 or, if he is not the holder of a licence (within the meaning of Part 3 of the Road Traffic Act 1988), on his driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988)].

(3)The person who has the custody of [F125any counterpart of a licence which is to be endorsed under subsection (2) above] shall, if so required by the convicting court, produce [F126it and the licence] within a reasonable time for the purpose of endorsement, and, subject to section 68(1) of this Act, if he fails to do so, shall be liable on summary conviction to a fine not exceeding [F127level 3 on the standard scale].

(4)In this section and in section 25 of this Act “inspector”, in relation to a public service vehicle, means a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used.

[F128(5)Notwithstanding section 1(1) of this Act, in this section and in sections 25 and 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.]

25 Regulation of conduct of passengers.E+W+S

(1)Regulations may make provision generally as to the conduct of passengers on public service vehicles [F129or tramcars] and in particular (but without prejudice to the generality of the foregoing provision) for—

(a)authorising the removal from a public service vehicle [F129or tramcar] of a person infringing the regulations by the driver, inspector or conductor of the vehicle or on the request of the driver, inspector or conductor by a police constable;

(b)requiring a passenger in a public service vehicle [F129or tramcar] who is reasonably suspected by the driver, inspector or conductor thereof of contravening the regulations to give his name and address to the driver, inspector or conductor on demand;

(c)requiring a passenger to declare, if so requested by the driver, inspector or conductor, the journey he intends to take or has taken in the vehicle, and to pay the fare for the whole of that journey and to accept any ticket provided therefor;

(d)requiring, on demand being made for the purpose by the driver, inspector or conductor, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;

(e)requiring a passenger, if so requested by the driver, inspector or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid;

(f)requiring the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

(3)Subject to section 68(1) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding [F131level 3 on the standard scale].

(4)In the application of this section to Scotland, subsection (1)(b) shall have effect as if after the word “address” there were inserted the words “to a police constable or”

26 Control of number of passengers. E+W+S

(1)Regulations may make provision with respect to public service vehicles for—

(a)the determination by or under the regulations of the number of the seated passengers and standing passengers respectively for whom a vehicle is constructed or adapted and fit to carry;

(b)the determination by or under the regulations of the number of such passengers respectively who may be carried in a vehicle;

(c)the marks to be carried on a vehicle showing those numbers and the manner in which those marks are to be carried.

(2)Subject to section 68(1) and (3) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding [F132level 2 on the standard scale].

Supplementary provisionsE+W+S

F13327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134E+W+S

29 Avoidance of contracts so far as restrictive of liability in respect of death of or injury to passengers in public service vehicles.E+W+S

A contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of a person in respect of a claim which may be made against him in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.

PART III E+W+S

30–41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135E+W+S

PART IV E+W+S

42–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136E+W+S

Fare-paying passengers on school busesE+W+S

46 Fare-paying passengers on school buses.E+W+S

(1)Subject to subsection (2) below, a local education authority may—

(a)use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;

(b)use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . F137 service;

and sections 6, 8, 9, [F138and 12(1)] of this Act shall not apply to a school bus belonging to a local education authority in the course of its use by the authority in accordance with this subsection.

(2)Subsection (1) above does not affect the duties of a local education authority in relation to the provision of free school transport or authorise a local education authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.

(3)In this section—

• [F139“free school transport” means transport provided by alocal education authority free of charge—

  (a)

  in pursuance of arrangements under [F140 section 508B(1), section 508C(1), section 508F(1), ] section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996,

  (aa)

  [F141in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes),] or

  (b)

  otherwise, in the exercise of any function of the authority,

  for the purpose of facilitating the attendance of persons receiving education or training at any premises;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

• “school bus”, in relation to a local education authority, means a motor vehicle which is used by that authority to provide free school transport.

(4)In the application of this section to Scotland—

(a)for the references to a local education authority there shall be substituted references to an education authority;

(b)in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and

(c)in subsection (3) above for the definition of “free school transport” there shall be substituted—

““free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)”.

47, 48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143E+W+S

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144E+W+S

[F14549A Review of decisions.E+W+S

(1)Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his—

(a)to grant or refuse an application for a PSV operator’s licence; or

(b)to grant or refuse an application for the variation of a PSV operator’s licence,

if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision.

(2)A traffic commissioner may only review a decision under subsection (1) above—

(a)if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;

(b)if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or

(c)where neither paragraph (a) nor paragraph (b) above applies, if he considers there to be exceptional circumstances that justify the review.

(3)Regulations may make provision as to the manner in which notices under subsection (2)(a) above are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

(4)The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.]

PART V E+W+S Miscellaneous and Supplementary

Appeals to the Secretary of StateE+W+S

[F14650 Appeals to the Transport Tribunal.E+W+S

(1)An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Transport Tribunal against any decision of the traffic commissioner—

(a)to refuse to grant the licence in accordance with the application; or

(b)to attach any condition to the licence otherwise than in accordance with the application.

F147(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Transport Tribunal.

(4)The holder of a PSV operator’s licence may appeal to the Transport Tribunal against any decision of the traffic commissioner—

(a)to refuse his application for the variation or removal of any condition attached to the licence; [F148or any undertaking recorded in it]]

(b)to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or

(c)to revoke or suspend the licence F149. . ..

[F150(4A)A person who—

(a)within the prescribed period has made an application for a review under section 49A of this Act; and

(b)has been certified by the traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,

may appeal to the Transport Tribunal against the refusal of the application.]

(5)Where—

(a)the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or

(b)any person in respect of whom any such order or direction has been made or given;

is aggrieved by the order or direction he may appeal to the Transport Tribunal.

[F151(5A)A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State]

(6)The traffic commissioner—

(a)making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;

(b)making any such order or giving any such direction as is mentioned in subsection (5) above;

may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Transport Tribunal and, if an appeal is made, until it is disposed of.

[F152(6A)A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.

(6B)On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.]

(7)Where a traffic commissioner has given a direction under subsection (6) above he may withdraw it at any time.

(8)If the traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Transport Tribunal and the Transport Tribunal shall give their decision on the application within fourteen days.

(9)This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).

[F15351 Appeals to the Secretary of State.E+W+S

(1)A person applying for—

(a)a certificate of initial fitness under section 6 of this Act; or

(b)a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

may appeal to the Secretary of State against the refusal of [F154an examiner]] to issue such a certificate.

F155(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

(4)On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to [F156the examiner] for giving effect to his decision; and it shall be the duty of [F156the examiner] to comply with any such directions.

52 Fees for grant of licences etc.E+W+S

(1)Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged—

(a)by the traffic [F157commissioner] for each traffic area in respect of—

(i)applications for, and the grant of, PSV operators’ licences . . . F158;

[F159(ia)applications under section 16(6) of this Act and the grant of such applications;

(ib)the continuation in force of PSV operators’ licences;]

[F160(ii)applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to the commissioners and the issue of certificates on such applications;]

(iii)the issue of operators’ discs under section 18 of this Act;

(iv)applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and

(v)applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;

[F161(b)by the traffic [F157commissioner] for each traffic area . . . F162in respect of—

(i)applications for, and the issue of, licences to drive public service vehicles; and

(ii)the provision by the traffic [F157commissioner] . . . F162 of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.]

(2)[F163A traffic commissioner] . . . F164 may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—

(a)any such application as is mentioned in subsection (1) above;

[F165(b)the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;

(bb)the issue of any certificate, disc or other document referred to in subsection (1) above; or]

[F166(c)the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,]

until the fee or instalment in question has been paid.

[F167(2A)If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—

(a)the application shall be treated as withdrawn at that time;

(b)any decision made on the application ceases to have effect at that time; and

(c)any licence granted in pursuance of such a decision terminates at that time.

(2B)If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—

(a)the application shall be treated as withdrawn at that time;

(b)any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.

(2C)If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—

(a)the continuation in force of the licence; or

(b)the issue of operators’ discs under section 18(2C) of this Act,

is not duly paid by the prescribed time, the licence terminates at that time.

(2D)If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.

(2E)The traffic commissioner by whom a PSV operator’s licence was granted may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

(2F)Where the traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—

(a)report any matter to the Secretary of State; or

(b)give him notice of any alteration,

during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.]

(3)Any fees received by [F168a traffic commissioner] by virtue of this section . . . F169 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

53 Payment of expenses.E+W+S

(1)There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . F171 traffic commissioners, F172. . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, [F173or II] . . . F174 of this Act, including any expenses incurred in connection with the employment of police officers as F172. . . vehicle examiners.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

Provisions relating to traffic commissioners etc.E+W+S

[F17654 Inquiries held by traffic commissioners.E+W+S

(1)A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.

(2)Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests.

(3)Subject to any provision made by regulations, any inquiry held under this section shall be public.

(4)Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.

(5)Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.

(6)Regulations may make provision, in relation to orders under subsection (5) above, as to—

(a)the method of calculating the amount of any costs incurred as mentioned in that subsection; and

(b)the maximum amount which may be ordered to be paid under such an order.

(7)Any amount so ordered to be paid by any person may be recoverable from him—

(a)in England and Wales, as a debt due to the Crown; or

(b)in Scotland, by the Secretary of State.

(8)Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except—

(a)with the consent of the person for the time being carrying it on;

(b)for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below; or

(c)with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment (including proceedings before the Transport Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9)The enactments referred to in subsection (8)(b) and (c) above are—

(a)sections 12 to 21 of this Act; and

(b)sections 24 to 28 of the Transport Act 1985.

(10)The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

55 Annual report of traffic commissioners and metropolitan police commissioner.E+W+S

The traffic [F177commissioner] for each traffic area shall make an annual report to the Secretary of State on [F177his] proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . F178.

56 Records of licences. E+W+S

(1)The traffic [F179commissioner] for each traffic area . . . F180 shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by . . . F181 him under this Act [F182and shall allow the record to be inspected at all reasonable times by members of the public].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

(3)A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.

[F18456A Correction of errors.E+W+S

Where it appears to the traffic commissioner for a traffic area that a document purporting to record, or issued in consequence of, a decision taken in the exercise of his functions contains a clerical error, he may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.]

Supplementary provisions as to licences etc.E+W+S

57 Death, bankruptcy etc. of licence holder. E+W+S

(1)A PSV operator’s licence F185... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

(2)A PSV operator’s licence F185... held by an individual terminates if he—

(a)dies, or

(b)is adjudged bankrupt or, in Scotland, has his estate sequestrated, or

(c)[F186becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or], in Scotland, becomes incapable of managing his own affairs.

(3)In relation to a PSV operator’s licence F185... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

(4)The traffic [F187commissioner] by whom a PSV operator’s licence F185... was granted may—

(a)direct that the termination of the licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the [F187commissioner] that there are special circumstances, eighteen months, and

(b)authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the [F187commissioner] may impose.

58 Partnerships and related matters.E+W+S

(1)Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.

(2)A PSV operator’s licence . . . F188 shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.

RegulationsE+W+S

59 Power to make regulations as to procedure on applications for licences. E+W+S

Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—

(a)applications for the grant of PSV operator’s licences, . . . F189[F190or licences to drive public service vehicles],

(b)applications or proposals for the variation of conditions attached to PSV operators’ licences . . . F191,

(c)the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and

(d)the surrender of licences,

and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.

60 General power to make regulations for purposes of Act. E+W+S

(1)The Secretary of State may make regulations . . . F192 for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—

(a)the forms to be used for the purpose of this Act;

(b)applications for and issue of licences and of certificates of initial fitness;

(c)the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

[F194(e)the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;]

(f)the documents, plates and marks to be carried by [F195, and the information to be displayed in or on] public service vehicles and the manner in which they are to be carried [F196or it is to be displayed];

(g)the badges to be worn by drivers of public service vehicles;

(h)the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to [F197traffic commissioners] . . . F198, of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;

(j)the carriage of luggage and goods on public service vehicles[F199[or tramcars]];

(k)the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle[F200[or tramcar]] and fixing the charges made in respect thereof;

(l)the equipment to be carried by public service vehicles;

(m)for providing that this Act or, any provision thereof, shall have effect in relation to—

(i)public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and

(ii)public service vehicles registered outside Great Britain,

with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201

[F202(1A)Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

(a)make different provision as respects different areas; and

(b)make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.]

[F203(1B)Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.]

(2)In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made [F204by the Secretary of State].

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205

61 Exercise of regulation making powers and parliamentary control thereof. E+W+S

(1)Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Before making any regulations under . . . F206 this Act the Secretary of State shall consult with such representative organisations as he thinks fit.

Provisions relating to Metropolitan Traffic AreaE+W+S

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207E+W+S

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208E+W+S

64 Exclusion of certain enactments as respects Metropolitan Traffic Area.E+W+S

(1)As respects the Metropolitan Traffic Area, the M3Metropolitan Public Carriage Act 1869 and the M4London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.

(2)As respects the Metropolitan Traffic Area, no local authority shall exercise under the M5Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.

Provisions relating to offences and legal proceedingsE+W+S

65 Forgery and misuse of documents etc. E+W+S

(1)This section applies to the following documents and other things, namely—

(a)a licence under Part II . . . F209 of this Act;

[F210(ea)a control document issued under Article 6 of Council Regulation (EC) No. 12/98 of 11 December 1997;]

(b)a certificate of initial fitness under section 6 of this Act;

[F211(bb)a notice removing a prohibition under section 9 of this Act;]

(c)a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

(d)an operator’s disc under section 18 of this Act;

(e)a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;

F212(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person who, with intent to deceive—

(a)forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or

(b)makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,

shall be liable—

(i)on conviction on indictment, to imprisonment for a term not exceeding two years;

(ii)on summary conviction, to a fine not exceeding the statutory maximum.

(3)In the application of this section to England and Wales—

• [F213“forges” means makes a false document or other thing in order that it may be used as genuine.]

• F214. . .

F215(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66 False statements to obtain licence etc. E+W+S

A person who knowingly makes a false statement for the purpose of—

(a)obtaining the grant of a licence under Part II . . . F216 of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;

(b)obtaining the issue of a certificate of initial fitness under section 6 of this Act;

(c)obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

(d)obtaining the issue of an operator’s disc under section 18 of this Act; F217. . .

(f)obtaining the issue of a control document under article 6 of Council Regulation (EC) No. 12/98 of 11 December 1997;]

(e)obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;

shall be liable on summary conviction to a fine not exceeding [F219level 4 on the standard scale].

67 Penalty for breach of regulations. E+W+S

Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . F224) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding [F225level 2 on the standard scale].

68 Defences available to persons charged with certain offences.E+W+S

(1)It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.

(2)The provisions referred to in subsection (1) above are—

(a)sections 19(5), 20(4), 24(2) and (3), 25(3), 26(2), . . . F226, 67 and 70(3); F227. . .

F228(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.

(4)The provisions referred to in subsection (3) above are—

(a)sections 6(2), F229. . ., 12(5), 16(7), 18(4), 26(2), [F230and 27(2)]; F231. . .

F232(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Restriction on institution in England and Wales of proceedings under Part II or III. E+W+S

(1)Subject to the provisions of this section proceedings for an offence under Part II . . . F233 of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by [F234a traffic commissioner], a chief officer of police, or the council of a county or district.

(2)Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.

F235(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 Duty to give information as to identity of driver in certain cases. E+W+S

(1)Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . F236 of this Act—

(a)the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b)any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.

(2)A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding [F237level 3 on the standard scale].

(3)Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding [F237level 3 on the standard scale].

71 Evidence by certificate. E+W+S

(1)In any proceedings in England or Wales for an offence under Part II . . . F238 of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—

(a)that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or

(b)that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or

(c)that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.

(2)Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

(3)Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—

(a)unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or

(b)if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

(4)In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.

72 Proof in summary proceedings of identity of driver of vehicle. E+W+S

Where on a summary trial in England or Wales of an information for an offence under Part II . . . F239 of this Act—

(a)it is proved to the satisfaction of the court, on oath or in a manner prescribed by rules made under section 15 of the Justices of the M6Peace Act 1949, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post; and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

73 Time within which summary proceedings for certain offences may be commenced.E+W+S

Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

74 Offences by companies. E+W+S

(1)Where an offence under Part II . . . F240 of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.

75 Destination of fines. E+W+S

There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).

InquiriesE+W+S

F24176 General power to hold inquiries. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24277 General provisions as to inquiries. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .