Conditions attached to licencesE+W+S
21 Conditions for securing road safety.E+W+S
(1)On issuing an operator’s licence, or on varying such a licence under section 17, a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing vehicles that are authorised to be used under it 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 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.
(3)[F1A traffic commissioner] 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,
[F1unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner] with respect to the effect on his business of the proposed condition or variation.
(4)The traffic commissioner shall give special consideration to any representations made under subsection (3) in determining whether to attach the proposed condition or make the proposed variation.
(5)In this section “public road”—
(a)in relation to England and Wales, means a highway maintainable at the public expense for the purposes of the M1Highways Act 1980; and
(b)in relation to Scotland, has the same meaning as in the M2Roads (Scotland) Act 1984.
(6)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.
Textual Amendments
F1Words in s. 21(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Marginal Citations
22 Conditions as to matters required to be notified to traffic commissioner.E+W+S
(1)On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder [F2to inform a traffic commissioner] —
(a)of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;
(b)where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or
(c)of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of [F3a traffic commissioner] in relation to the licence.
(2)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 [F4a traffic commissioner] of any event which could affect the fulfilment by the licence-holder of any of the requirements of [F5section 13A(2)], and to do so within 28 days of the event; and
(b)a condition requiring the licence-holder to inform [F4a traffic commissioner] of any event which could affect the fulfilment by a F6... transport manager of the requirements mentioned in [F7section 13A(3)], and to do so within 28 days of the event coming to the licence-holder’s knowledge.
F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform [F9a traffic commissioner] of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.
(5)For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in [F10section 548 of the Companies Act 2006]) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.
(6)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 [F11level 5] on the standard scale.
Textual Amendments
F2Words in s. 22(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F3Words in s. 22(1)(c) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F4Words in s. 22(2)(a)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F5Words in s. 22(2)(a) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(a) (with Sch. 3 Pt. 2)
F6Word in s. 22(2)(b) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(b)(i) (with Sch. 3 Pt. 2)
F7Words in s. 22(2)(b) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(b)(ii) (with Sch. 3 Pt. 2)
F8S. 22(3) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(c) (with Sch. 3 Pt. 2)
F9Words in s. 22(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F10Words in s. 22(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 153(2) (with art. 10)
F11Words in s. 22(6) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(d) (with Sch. 3 Pt. 2)
23 Conditions as to use of operating centres.E+W+S
(1)On issuing an operator’s licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place [F12in the traffic area to which the licence relates] as an operating centre of the licence-holder.
(2)The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—
(a)the number, type and size of motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder F13... for any prescribed purpose;
(b)the parking arrangements to be provided at or in the vicinity of any such centre; and
(c)the hours at which operations of any prescribed description may be carried on at any such centre.
(3)On varying an operator’s licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.
(4)[F14A traffic commissioner] shall not—
(a)attach any condition such as is mentioned in this section to an operator’s licence, 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,
[F14unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner] with respect to the effect on his business of the proposed condition or variation.
(5)The traffic commissioner shall give special consideration to any representations made under subsection (4) in determining whether to attach the proposed condition or make the proposed variation.
(6)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.
Textual Amendments
F12Words in s. 23(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F13Words in s. 23(2)(a) repealed (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F14Words in s. 23(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)