Goods Vehicles (Licensing of Operators) Act 1995

Interpretation

58General interpretation

(1)In this Act, unless the context otherwise requires—

• “area”, in relation to a traffic commissioner, means the traffic area for which he is the traffic commissioner;

• “articulated combination” means a combination made up of—

  (a)

  a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and

  (b)

  a trailer attached to it as described in paragraph (a);

• “carriage of goods” includes haulage of goods;

• “contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;

• “the 1974 Council Directive” means [O.J. No. L308.] Community Council Directive No. 74/561/EEC dated 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations, as amended by Community Council Directive No. 89/438/EEC dated 21 June 1989;

• “the 1977 Council Directive” means [O.J. No. L212.] Community Council Directive No. 77/796/EEC dated 12 December 1977 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures to encourage such operators effectively to exercise their right of freedom of establishment, as amended by Community Council Directive No. 89/438/EEC dated 21 June 1989;

• “driver”—

  (a)

  where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; and

  (b)

  in relation to a trailer, means the driver of the vehicle by which the trailer is drawn;

  and “drive” shall be construed accordingly;

• “functions” includes powers, duties and obligations;

• “goods” includes goods or burden of any description;

• “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted, but does not include a tramcar or trolley vehicle within the meaning of the [1988 c. 52.] Road Traffic Act 1988;

• “holding company” and “subsidiary” have the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985;

• “international transport operations” and “national transport operations” have the same meaning as in the 1974 Council Directive;

• “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

• “motor vehicle” and “trailer” have the same meaning as in section 253 of the [1960 c. 16.] Road Traffic Act 1960;

• “operating centre” has the meaning given in section 7(3);

• “operator’s licence” has the meaning given in section 2(1);

• “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

• “plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of section 41 of the [1988 c. 52.] Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State under this Act;

• “restricted licence” has the meaning given in section 3(3);

• “road”—

  (a)

  in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; and

  (b)

  in relation to Scotland, has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984;

• “road transport undertaking” means an undertaking which involves the use of goods vehicles—

  (a)

  under an operator’s licence, or

  (b)

  in accordance with the law of Northern Ireland or the law of any member State other than the United Kingdom;

• “standard licence” has the meaning given in section 3(2);

• “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978;

• “traffic area” means a traffic area constituted for the purposes of the [1981 c. 14.] Public Passenger Vehicles Act 1981;

• “transport manager”, in relation to a business, means an individual who is in, or who is engaged to enter into, the employment of the holder of a standard licence and who, either alone or jointly with one or more other persons, has continuous and effective responsibility for the management of the transport operations of the business in so far as they relate to the carriage of goods;

• “vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling.

(2)For the purposes of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

(3)In this Act references to vehicles being authorised to be used under an operator’s licence are to be read in accordance with section 5.

(4)For the purposes of this Act, a person who is an applicant for, or a holder of, a standard licence, or who is a transport manager, shall be regarded as being engaged in a road transport undertaking if—

(a)in a case where that person is an individual, he is either—

(i)the holder, or one of the joint holders, of an operator’s licence, or

(ii)in the employment of a person who carries on a road transport undertaking and that undertaking gives him responsibility for the operation of goods vehicles used under an operator’s licence; or

(b)in a case where that person is a company, either—

(i)the company is the holder of an operator’s licence, or

(ii)the company is a subsidiary of the holder of an operator’s licence and goods vehicles used under that licence belong to the company or are in its possession.

(5)Anything required or authorised by this Act to be done by or to a traffic commissioner by whom a licence was issued may be done by or to any person for the time being acting as traffic commissioner for the area for which the first-mentioned commissioner was acting at the time of the issuing of the licence.