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Deregulation and Contracting Out Act 1994
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Changes over time for: Section 45
No longer has effect: 01/01/1996
Alternative versions:
- Prospective- Amendment
- Stop date 01/01/1996- Amendment
- 01/03/1995
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Deregulation and Contracting Out Act 1994, Section 45 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
45 Conditions for securing road safety.E+W+S
After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted—
“64B Conditions for securing road safety.
(1)A licensing authority, on granting an operator’s licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public—
(a)at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and
(b)on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.
(2)On varying an operator’s licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.
(3)The licensing authority shall not—
(a)attach to an operator’s licence any condition such as is mentioned in this section; or
(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,
without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.
(4)The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.
(5)In this section as it applies in relation to England and Wales, “public road” means a highway maintainable at the public expense for the purposes of M1 the Highways Act 1980.
(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
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