C24PART II General Provisions Relating to Public Service Vehicles
Public service vehicle operators’ licences
12PSV operators’ licences. C1
F1C21
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 F2commissioner 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 F2commissioner by whom the licence was granted.
C3C43
4
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 F6level 4 on the standard scale.
13 Classification of licences.
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.
C51
An application for a standard licence shall not be granted unless the traffic F7commissionerF8is 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;
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 F9commissioner 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 F9commissionerF10is 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.
F113A
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.
C64
If on an application for a PSV operator’s licence the traffic F12commissionerF13determines that the relevant requirements mentioned in subsection (1) above and the further requirements mentioned in subsection (3) above are satisfied F13he shall, subject to F14 section 16 of this Act, grant the licence in accordance with the application.
F155
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.
F1614A Objections to application for PSV operator’s licence. C7
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.
F172A
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.
F183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F19council 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.
1
There shall be specified in every PSV operator’s licence the date on which the licence is to come into force .
F202
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. C8
1
F21Subject to subsection (1A) below and section 12(7) of the Transport Act 1985F22A 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 F22that commissioner) which the holder of the licence may at any one time use under the licence.
F23C9C101A
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.
C112
Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.
3
F24A 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 F25him such conditions or additional conditions as F24he 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.
C125
The traffic F26commissioner 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 F27he 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 F28commissioner 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; F29. . .
b
c
vary or remove any undertaking recorded in the licence;
F316A
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 F32level 3 on the standard scale.
8
Compliance with any condition attached to a PSV operator’s licence . . . F33F34(other than a condition so attached under subsection (1A) above) may be temporarily dispensed with by the traffic F35commissioner by whom the licence was granted if F36he 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) F37or (1A) above to a PSV operator’s licence granted by the traffic F38commissioner 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 F38commissioner 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).
F3916A Conditions as to matters required to be notified.
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.
C131
The traffic F40commissioner by whom a standard licence was granted shall revoke the licence if it appears to F40him 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.
C142
Without prejudice to subsection (1) above, the traffic F41commissioner 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 F43he directs. . .;
F44c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F45. . . expectation which has not been fulfilled;
F42aa
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 F46M1section 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;
C15d
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.
F47f
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
5
Where F51a traffic commissioner decides to revoke a licence under this section, F52he may direct that the revocation shall not take effect for such period as appears to F52him reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
F535A
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.
F5417A Assessors to assist traffic commissioners.
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. C16
C171
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.
F552
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;
F56aa
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 F57on their expiry or otherwise ceasing to have effect,on the revocation or F58on 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.
F59e
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 F60level 3 on the standard scale.
19 Duty to inform traffic commissioners of relevant convictions etc.C18
C191
A person who has applied for a PSV operator’s licence shall forthwith notify the traffic F61commissioner 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.
C202
It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to the traffic F62commissioner 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.
C213
It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—
a
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 F65commissioner by whom the licence was granted.
4
F66A 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 F67him forthwith or within a time specified by F67him of any material change specified by F67him in any of F66the 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 F68level 3 on the standard scale.
20 Duty to give traffic commissioners information about vehicles. C22
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 F69to the F70Secretary of StateF69in 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 F69to the F70Secretary of StateF69in accordance with regulations made by virtue of subsection (2A) below.
F71C232A
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 F72an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.
3
The traffic F73commissioner by whom a PSV operator’s licence was granted may—
a
require the holder of the licence to supply F73him forthwith or within a specified time with such information as F73he may reasonably require about the public service vehicles owned by F74the holder and normally kept at an operating centre within the area of F74that commissioner, and to keep up to date information supplied by F74the holder under this paragraph; or
b
require the holder or former holder of the licence to supply F73him forthwith or within a specified time with such information as F73he may reasonably require about the public service vehicles owned by F74the holder or former holder at any material time specified by F73him which were at that time normally kept at an operating centre within the area of F74that 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 F75level 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 F76level 4 on the standard scale.
F776
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Certificates of qualification.
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 F78commissioner 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 F78commissioner for any traffic area,
for a certificate as to his repute and professional competence and, where relevant, his financial standing.
2
3
The traffic F78commissioner to whom an application under subsection (1) above is made shall certify such matters relating to the applicant as—
a
F79he is satisfied he may properly certify, and
b
appear to F79the 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.
Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)