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Goods Vehicles (Licensing of Operators) Act 1995

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Legislation Crest

Goods Vehicles (Licensing of Operators) Act 1995

1995 CHAPTER 23

An Act to consolidate Part V of the Transport Act 1968 and related provisions concerning the licensing of operators of certain goods vehicles.

[19th July 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1Act does not extend to Northern Ireland, s. 62(3), but the amendments specified in Sch. 7 and the repeals and revocations specified in Sch. 8 have the same extent as the enactments and instruments to which they relate, s. 62(2).

Modifications etc. (not altering text)

C1Act modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 12(1)

C2Act applied with modifications (26.9.1996) by S.I. 1996/2186, reg. 31(1)(2), Sch. 6 Pts. I, II

C4Act modified by S.I. 1995/2869, reg. 30(3) Sch. 2 (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 9)

Functions of traffic commissionersE+W+S

1 Functions of traffic commissioners.E+W+S

(1)[F1A traffic commissioner] shall exercise the functions conferred on him by this Act.

(2)In the exercise of his functions under this Act a traffic commissioner shall act under [F2the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner].

Operators’ licencesE+W+S

2 Obligation to hold operator’s licence.E+W+S

(1)Subject to subsection (2) and [F3sections 3A and 4], no person shall use a goods vehicle on a road for the carriage of goods—

(a)for hire or reward, or

(b)for or in connection with any trade or business carried on by him,

except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator’s licence”.

[F4(1A)Subsection (1) applies in spite of Article 1.4(c) of the 2009 Regulation (exemption for slow vehicles unless otherwise provided in national law).

(1B)Subsection (1)(a) does not apply to the use of a small goods vehicle falling within paragraph 1A [F5or 1B] of Schedule 1.

(1C)Subsection (1)(b) does not apply to the use of a small goods vehicle falling within any of paragraphs 2, 3 or 4 of Schedule 1.]

(2)Subsection (1) does not apply to—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain; or

(d)the use of a vehicle of any class specified in regulations.

[F8(2A)A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a haulier established in a member State.]

[F9(3)In subsection [F10(2)(c) and (2A)], “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.]

(4)It is hereby declared that, for the purposes of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.

(5)A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding [F11level 5] on the standard scale.

Textual Amendments

F11Words in s. 2(5) substituted (1.2.2001) by 2000 c. 38, s. 261(1) (with s. 261(2)); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I

Modifications etc. (not altering text)

C7S. 2(1) applied with modifications (26.9.1996) by S.I. 1996/2186, reg. 9(4)(5), 12(5)(6), 15(4), 21(3), 22(2), 26(5), 28(4), 29(3), 30(4), Sch. 4, Sch. 5

C8S. 2(1) excluded (26.9.1996) by S.I. 1996/2186, regs. 4, 5, 6, 7, 8, 9(2)(3), 10, 11, 12(2)-(4), 13, 14, 15(3), 16, 17, 20, 22(1), 23, 24, 25, 26(2)-(4), 27, 28(2)(3), 29(2), 30(3) (as amended (19.3.2004) by Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2004 (S.I. 2004/462))

S. 2(1) excluded (on or after the “relevant date” as defined in reg. 15(1) of the amending S.I.) by S.I. 1996/2186, regs. 15(1)(2), 18(2), 19(2), 21(2), 30(2)

[F122A Detention of vehicle used without operator’s licence.E+W+S

Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect.]

Textual Amendments

F12S. 2A inserted (1.2.2001) by 2000 c. 38, s. 262(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I

[F132BPower to stopE+W+S

(1)Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that an operator’s licence could be required.

(2)The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 2(1).

(3)In this section “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.]

3“Standard” and “restricted” licences.E+W+S

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

(2)A standard licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods—

(a)for hire or reward, or

(b)for or in connection with any trade or business carried on by the holder of the licence.

(3)A restricted licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.

(4)Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—

(a)a subsidiary of the first company,

(b)a holding company for the first company, or

(c)a subsidiary of a company which is a holding company both for that subsidiary and for the first company.

(5)A standard licence may authorise a goods vehicle to be used for the carriage of goods—

(a)on both national and international transport operations; or

(b)on national transport operations only.

(6)Except as provided in subsection (4) and subject to [F14sections 3A and 4], a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

(7)A person who uses a goods vehicle for carrying goods for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

Textual Amendments

[F153ATemporary exemptions for international operatorsE+W+S

(1)The Secretary of State may grant an international operator a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed by sections 2 and 3, for the purpose of—

(a)enabling an emergency to be dealt with, or

(b)enabling some other special need to be met.

(2)A temporary exemption under subsection (1) may be granted—

(a)by giving a notice in writing to the operator to whom it relates, or

(b)by publishing a notice specifying the class of operators to whom it relates.

(3)A notice under subsection (2) must specify—

(a)the vehicle or class of vehicles to which it relates;

(b)the transport operations to which it relates, or that it relates to all transport operations.

(4)A temporary exemption under subsection (1) permits the person to whom it relates to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for the purposes of the transport operations to which it relates.

(5)Accordingly, sections 2(1) and 3(6) do not to that extent apply to that person’s use of goods vehicles.

(6)In this section “international operator” means a person who [F16has an effective and stable establishment in a country or territory other than the United Kingdom that is comparable to an effective and stable establishment in Great Britain (as determined in accordance with paragraph A1 of Schedule 3)].

F17(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

4 [F18Other] Temporary exemptions.E+W+S

(1)A traffic commissioner may, for the purpose of—

(a)enabling an emergency to be dealt with, or

(b)enabling some other special need to be met,

by notice in writing grant to any person falling within subsection (2) a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed on him by sections 2 and 3 in respect of any vehicle specified in the notice or any vehicle of a class so specified.

[F19(1A)Where the traffic commissioner considers it appropriate (for example because an exemption is to be granted to all persons falling within subsection (2)), an exemption under subsection (1) may be granted by publishing a notice in writing instead of by giving notice in writing to the persons to whom the exemption is granted.]

(2)A person falls within this subsection if he is engaged exclusively in national transport operations which have only a minor impact on the transport market because of the nature of the goods carried or the short distances over which goods are carried.

(3)A temporary exemption granted under subsection (1) permits the person to whom it is granted to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for hire or reward for the purposes of transport operations of his such as are referred to in subsection (2) (and, accordingly, sections 2(1) and 3(6) shall not to that extent apply to that person’s use of goods vehicles).

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicles authorised to be used under a licenceE+W+S

5 Vehicles authorised to be used under operator’s licence.E+W+S

(1)Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—

(a)any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and

(b)any trailer in the lawful possession of the licence-holder.

(2)An operator’s licence may provide—

(a)that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;

(b)that no trailers are authorised to be used under the licence; or

(c)that no motor vehicle that is not specified in the licence is authorised to be used under it.

(3)In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.

(4)An operator’s licence shall not authorise the use of any [F21heavy goods] vehicle unless the place which is for the time being its operating centre—

(a)is in [F22a traffic area in respect of which] the licence was issued; or

(b)is outside that area but has not been the operating centre of that vehicle for a period of more than three months.

(5)For the purposes of subsection (4)(b), two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.

(6)A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) after the period of one month beginning with—

(a)the day on which the vehicle was first in the lawful possession of the licence-holder, or

[F23(b) has paid the prescribed fee (if any) to a traffic commissioner.]

unless, during that period, the licence-holder has given to [F24a traffic commissioner] a notice in such form and containing such information about the vehicle as [F24is required by a traffic commissioner] , and [F24has paid the prescribed fee (if any) to a traffic commissioner] .

(7)Where notice of a vehicle has been duly given and the prescribed fee [F25 (if any) ] has been duly paid under subsection (6), [F26a traffic commissioner] shall vary the licence by directing that the vehicle be specified in it.

(8)A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.

(9)Where it comes to the knowledge of [F27a traffic commissioner that a vehicle specified in an operator’s licence (“the first licence”)]

(a)has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or

(b)is specified in another operator’s licence,

he may vary the first licence by directing that the vehicle be removed from it.

6 Maximum numbers of vehicles.E+W+S

(1)An operator’s licence—

(a)shall specify a maximum number for motor vehicles, and

(b)may specify a maximum number for motor vehicles whose relevant weight exceeds a weight specified in the licence.

(2)An operator’s licence that does not contain a provision such as is mentioned in section 5(2)(b)—

(a)shall specify a maximum number for trailers, and

(b)may specify a maximum number for trailers whose relevant weight exceeds a weight specified in the licence.

(3)The number of motor vehicles which at any one time are being used under an operator’s licence while not specified in that licence may not exceed the maximum number specified in the licence under subsection (1)(a) less however many motor vehicles are specified in the licence.

(4)Where, under subsection (1)(b), an operator’s licence specifies a maximum number for motor vehicles whose relevant weight exceeds a specified weight—

(a)the number of such motor vehicles which at any one time are being used under the licence while not specified in it may not exceed that maximum number less however many motor vehicles whose relevant weight exceeds the specified weight are specified in the licence, and

(b)the number of such motor vehicles that are specified in the licence and are being used under it at any one time may not exceed that maximum number.

(5)The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a).

(6)Where, under subsection (2)(b), an operator’s licence specifies a maximum number for trailers whose relevant weight exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

(7)The definition of “relevant weight” in section 5(3) applies for the purposes of this section as it applies for the purposes of section 5(2).

(8)If subsection (3), (4)(a) or (b), (5) or (6) is contravened, the licence-holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Operating centresE+W+S

7 Operating centres to be specified in [F28heavy goods vehicle] licences.E+W+S

[F29(1)A person may not use a place in a traffic area as an operating centre for [F30heavy goods] vehicles authorised to be used under [F31a heavy goods vehicle] licence issued to him in respect of that traffic area unless that place is specified as an operating centre of his in that licence.]

(2)Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3)In this Act “operating centre”, in relation to any [F32heavy goods] vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of [F33a heavy goods vehicle] licence are references to any place which is an operating centre for [F34heavy goods] vehicles used under that licence.

Applications for licencesE+W+S

8 Applications for operators’ licences.E+W+S

[F35(1)A person who requires an operator’s licence must apply to a traffic commissioner.]

[F36(1A)A separate application must be made in relation to each traffic area in which there is—

(a)if the application is for a heavy goods vehicle licence, a place to be specified in the licence as an operating centre for the purposes of sections 7(1) and 13C(5); or

(b)if the application is for a light goods vehicle licence, located premises of the kind described in paragraph A1(2)(a) of Schedule 3.]

(2)Accordingly, a person may hold separate operators’ licences in respect of different areas; but he shall not at any time hold more than one such licence in respect of the same area.

(3)A person applying for an operator’s licence shall give to the traffic commissioner a statement—

(a)containing such particulars as the commissioner may require of the motor vehicles proposed to be used under the licence and stating the number and type of any trailers proposed to be used under the licence; and

(b)[F37in the case of an application for a heavy goods vehicle licence,] containing such particulars as the commissioner may require of each place [F38in the traffic area concerned] which will be an operating centre of the applicant if the licence is issued.

(4)A person applying for an operator’s licence shall also give to the traffic commissioner any further information which the commissioner may reasonably require for the discharge of his duties in relation to the application, and in particular shall, if required by the commissioner to do so, give to him any of the information specified in paragraph 1 of Schedule 2.

(5)Without prejudice to subsection (4), a person applying for an operator’s licence shall also, if required by the traffic commissioner to do so, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for vehicles used under the licence, of any place referred to in the statement under subsection (3)(b).

(6)Any statement, information or particulars to be given to [F39the traffic commissioner] under this section shall be given in such form as the commissioner may require.

[F40(7)In subsections (3) to (6), “the traffic commissioner” means the traffic commissioner dealing with the application in question.]

9 Convictions etc. subsequent to the making of an application.E+W+S

(1)A person who has made an application for an operator’s licence shall forthwith notify the traffic commissioner [F41dealing with the application] if, in the interval between the making of the application and the date on which it is disposed of, there occurs a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 [F42 or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule].

(2)A person who—

(a)has made an application for a standard licence, and

(b)has included in that application particulars of a transport manager,

shall forthwith notify the traffic commissioner [F43dealing with the application] if, in the interval between the making of the application and the date on which it is disposed of, there occurs any event affecting any information about the transport manager given to the commissioner under section 8.

(3)A person is guilty of an offence if he—

(a)knowingly fails to comply with subsection (1), or

(b)knowingly fails to comply with subsection (2) in a case where the event which occurs as mentioned in that subsection is the conviction of the transport manager of an offence such as is mentioned in paragraph 5 of Schedule 2 [F44 or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence];

and a person who is guilty of an offence under paragraph (a) or (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)For the purposes of this section an application shall be taken to be disposed of—

(a)in a case where [F45a traffic commissioner] is required, by virtue of regulations under section 57(2)(a), to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and

(b)in any other case, on the date on which the applicant receives notice from [F45a traffic commissioner] of his decision on the application.

10 Publication by traffic commissioner of notice of application for licence.E+W+S

(1)A traffic commissioner shall publish in the prescribed manner notice of any application for an operator’s licence [F46which is received] .

(2)The notice shall state—

(a)the time within which, and

(b)the manner in which,

any objection to, or representations against, the grant of the application is or are to be made under section 12 (that is to say, the time and manner prescribed under subsection (6) or, as the case may be, (7) of that section).

11 Publication in locality affected of notice of application for [F47heavy goods vehicle] licence.E+W+S

(1)Subject to subsection (3), [F48a traffic commissioner who is dealing with an application for [F49a heavy goods vehicle] licence] shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application.

(2)This subsection has been complied with in respect of a locality affected by an application [F50for a heavy goods vehicle licence] if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(3)[F51A traffic commissioner] is not required by this section to refuse an application [F52for a heavy goods vehicle licence] if—

(a)he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and

(b)he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(4)For the purposes of this section a locality is affected by an application for [F53a heavy goods vehicle] licence if it contains any place [F54in the traffic area concerned] that will be an operating centre of the licence-holder if the application is granted.

12 Objections to, and representations against, issue of operators’ licences.E+W+S

(1)Any of the persons mentioned in subsection (2) may make an objection to the grant of an application for an operator’s licence on the ground—

(a)that any of the requirements of [F55sections 13A to 13D] are not satisfied in the case of the application; or

(b)[F56in the case of a heavy goods vehicle licence,] that any place [F57in the traffic area concerned] which, if the licence is issued, will be an operating centre of the holder of the licence will be unsuitable on environmental grounds for use as such.

(2)The persons who may make such an objection are—

(a)a prescribed trade union or association;

(b)a chief officer of police;

(c)a local authority; and

(d)a planning authority.

(3)The trade unions and associations which may be prescribed for the purposes of subsection (2)(a) are trade unions or associations whose membership consists of or includes—

(a)persons holding operators’ licences, or

(b)employees of any such persons.

(4)Where an application for [F58a heavy goods vehicle] licence is made, any person who is the owner or occupier of land in the vicinity of any place [F59in the traffic area concerned] which, if the licence is issued, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as such.

(5)A person may not make representations under subsection (4) unless any adverse effects on environmental conditions arising from the use of the place in question as an operating centre of the holder of the licence would be capable of prejudicially affecting the use or enjoyment of the land mentioned in that subsection.

(6)Any objection under subsection (1)(a) shall be made—

(a)within the prescribed time; and

(b)in the prescribed manner.

(7)Any objection under subsection (1)(b) or representations under subsection (4) shall be made—

(a)within the prescribed time after the making of the application to which they relate; and

(b)in the prescribed manner.

(8)Where [F60a traffic commissioner] considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.

(9)Any objection under subsection (1) shall contain—

(a)in the case of an objection under paragraph (a), particulars of the ground on which it is made, and

(b)in the case of an objection under paragraph (b), particulars of any matters alleged by the person making the objection to be relevant to the issue to which it relates.

(10)Any representations under subsection (4) shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate.

(11)In subsection (1) the reference to “the requirements of [F61sections 13A to 13D]” is a reference—

(a)in the case of an application for a standard licence, to the requirements of [F62sections 13A, 13C and 13D]; and

(b)in the case of an application for a restricted licence, to the requirements of [F63sections 13B, 13C and 13D].

(12)In this section—

  • local authority” means—

    (a)

    as respects England, the council of a county, district or London borough and the Common Council of the City of London;

    (b)

    as respects Wales, the council of a county or county borough; and

    (c)

    as respects Scotland, a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994;

  • planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is—

    (a)

    in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the M2Town and Country Planning Act 1990 (general planning control); and

    (b)

    in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the M3Town and Country Planning (Scotland) Act [F641997] (general planning control); and

  • trade union”has the same meaning as in the M4Trade Union and Labour Relations (Consolidation) Act 1992;

F65....

Textual Amendments

F64Words in s. 12(12) in the definition of “planning authority” substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 59(1)

Marginal Citations

Determination of applicationsE+W+S

[F6613 Determination of applications for operators’ licencesE+W+S

(1)On an application for a standard licence a traffic commissioner must consider—

(a)whether the requirements of sections 13A and 13C are satisfied, and

(b)if the commissioner thinks fit, whether the requirement of section 13D is satisfied.

(2)On an application for a restricted licence a traffic commissioner must consider—

(a)whether the requirements of sections 13B and 13C are satisfied, and

(b)if the commissioner thinks fit, whether the requirement of section 13D is satisfied.

(3)Subsections (1) and (2) are subject to [F67section 11 (publication of application), if applicable, and section] 45(2) (payment of application fee).

(4)In considering whether any of the requirements of sections 13A to 13D are satisfied, the traffic commissioner must have regard to any objection duly made under section 12(1)(a) in respect of the application.

(5)If the traffic commissioner determines that any of the requirements that the commissioner has taken into consideration in accordance with subsection (1) or (2) are not satisfied, the commissioner must refuse the application.

(6)In any other case the commissioner must grant the application, unless either of the following provisions applies—

(a)section 14(2) (power to refuse application on environmental grounds);

(b)section 45(2) (power to refuse to proceed until fee is paid).]

[F6813A.Requirements for standard licencesE+W+S

(1)The requirements of this section are set out in subsections (2) and (3).

(2)The first requirement is that the traffic commissioner is satisfied that the applicant—

(a) has an effective and stable establishment in Great Britain (as determined in accordance with [F69paragraph A1 of Schedule 3]),

(b)is of good repute (as determined in accordance with paragraphs 1 to 5 of Schedule 3), [F70and]

(c) has appropriate financial standing (as determined in accordance with [F71paragraph 6A of Schedule 3).]

F72(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The second requirement is that the traffic commissioner is satisfied that the applicant F73... —

[F74(a)is an individual who—

(i)is professionally competent (as determined in accordance with paragraph 13 of Schedule 3), and

(ii)has designated a suitable number of individuals (which may include the applicant) who satisfy the requirements set out in paragraph 14A(1) and (2) of Schedule 3, or

(b)if the applicant is not an individual, or is an individual who is not professionally competent, has designated a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3) of Schedule 3.]

F75(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F76(4)For the purposes of subsection (3)(a)(ii) and (b), a number of designated individuals is suitable if the traffic commissioner is satisfied it is proportionate to the maximum numbers of motor vehicles and trailers that may be used by the applicant in accordance with section 6 if the standard licence is issued.

(5)In this Act, “transport manager” means an individual designated under subsection (3)(a)(ii) or (b).]]

Textual Amendments

F68Ss. 13-13D substituted (E.W.S.) for s. 13 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 5 (with Sch. 3 Pt. 2)

Modifications etc. (not altering text)

C16S. 13A(2) applied by S.I. 1995/2869, reg. 23(3) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(a)(i))

[F6813B.Requirements for restricted licencesE+W+S

The requirement of this section is that the applicant is not unfit to hold an operator’s licence by reason of—

(a)any activities or convictions of which particulars may be required to be given under section 8(4) by virtue of paragraph 1(e) or (f) of Schedule 2;

(b) any conviction required to be notified in accordance with section 9(1) (convictions etc required to be notified subsequent to the making of an application). ]

Textual Amendments

F68Ss. 13-13D substituted (E.W.S.) for s. 13 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 5 (with Sch. 3 Pt. 2)

Modifications etc. (not altering text)

C17S. 13B applied by S.I. 1995/2869, reg. 29(4) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(b))

[F6813C.Requirements for standard and restricted licencesE+W+S

(1)The requirements of this section are that it must be possible (taking into account the traffic commissioner’s powers under section 15(3) to issue a licence in terms that differ from those applied for) to issue a licence in relation [F77to which—

(a)in the case of a light goods vehicle licence, subsections (2) to (4) will apply, or

(b)in the case of a heavy goods vehicle licence, subsections (2) to (6) will apply.]

(2)There must be satisfactory arrangements for securing that the following are complied with in the case of vehicles used under the licence—

(a)Part 6 of the Transport Act 1968 (drivers’ hours);

(b)the applicable Community rules, within the meaning of that Part.

(3)There must be satisfactory arrangements for securing that vehicles used under the licence are not overloaded.

(4)There must be satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition.

(5)[F78A heavy goods vehicle licence] must specify at least one place in [F79the traffic area concerned] as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds).

(6)The capacity of the place specified as an operating centre (if there is only one) or both or all of the places so specified taken together (if there are more than one) must be sufficient to provide an operating centre for all the [F80heavy goods] vehicles used under the licence.

(7)In considering whether the requirements of subsections (2) [F81to (4), or (2) to (6),] are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(8)In considering whether subsection (5) will apply in relation to a [F82heavy goods vehicle] licence, the traffic commissioner may take into account any conditions that could be attached to the licence under section 21 (conditions for securing road safety) and may assume that any conditions so attached will not be contravened.

(9)In considering whether subsection (5) or (6) will apply in relation to a [F83heavy goods vehicle] licence, the traffic commissioner may take into account (if this is the case) that any proposed operating centre of the applicant would be used—

(a)as an operating centre of the holders of other [F84heavy goods vehicle] licences as well as an operating centre of the applicant; or

(b)by the applicant or by other persons for purposes other than keeping [F85heavy goods] vehicles used under the licence.]

Textual Amendments

F68Ss. 13-13D substituted (E.W.S.) for s. 13 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 5 (with Sch. 3 Pt. 2)

[F6813D.Further requirement for standard and restricted licencesE+W+S

The requirement of this section is that the provision of the facilities and arrangements for maintaining the vehicles in a fit and serviceable condition (see section 13C(4)) is not prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.]

Textual Amendments

F68Ss. 13-13D substituted (E.W.S.) for s. 13 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 5 (with Sch. 3 Pt. 2)

Modifications etc. (not altering text)

C18S. 13D applied by S.I. 1995/2869, reg. 29(5) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(c))

14 Determinations where objections etc are made on environmental grounds.E+W+S

(1)This section applies to any application for [F86a heavy goods vehicle] licence in respect of which—

(a)any objection is duly made under section 12(1)(b), or

(b)any representations are duly made under section 12(4).

(2)A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place [F87in the traffic area concerned] which, if the licence were issued, would be an operating centre of the holder of the licence—

(a)the parking of [F88heavy goods] vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or

(b)the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds.

(3)[F89A traffic commissioner] may not refuse an application for [F90a heavy goods vehicle] licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if—

(a)on the date the application was made, that place was already specified in [F91a heavy goods vehicle] licence F92... as an operating centre of the holder of that licence, or

(b)the applicant has produced to [F93a traffic commissioner] a certificate in force in respect of that place under—

(i)section 191 or 192 of the M5Town and Country Planning Act 1990, or

[F94(ii)section 150 or 151 of the Town and Country Planning (Scotland) Act 1997;]

stating that its use as an operating centre for [F95heavy goods] vehicles used under any [F96heavy goods vehicle] licence is or would be lawful.

(4)Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in [F97a heavy goods vehicle] licence as an operating centre of the holder of that licence.

(5)A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in [F98a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in [F98a heavy goods vehicle] licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—

(a)the [F99heavy goods vehicle] licence in which that place was specified was an interim licence issued under section 24; or

(b)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(c)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F100a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(6)Where in the case of any application for [F101a heavy goods vehicle] licence—

(a)[F102a traffic commissioner] has power to refuse the application under subsection (2), and

(b)any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his,

the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre.

(7)For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.

Textual Amendments

F94S. 14(3)(b)(ii) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 59(2)

Marginal Citations

15 Issue of operators’ licences.E+W+S

(1)Subject to subsection (2) and to sections 14(6), 21, 22, 23 and 45(2), on granting an application for an operator’s licence a traffic commissioner shall issue that licence in the terms applied for.

(2)If a traffic commissioner has determined that any of the requirements of [F103section 13C or 13D] that he has taken into consideration in accordance with subsection (1) or (as the case may be) (2) of [F104section 13] would not be satisfied unless he were to exercise any of his powers under subsection (3) below, he shall exercise those powers accordingly.

(3)A traffic commissioner may issue the licence in terms that differ from the terms applied for in any of the following respects—

(a)more or fewer motor vehicles are specified in the licence;

(b)different motor vehicles are specified in it;

(c)it includes a provision such as is mentioned in section 5(2);

(d)it includes a provision such as is mentioned in section 6(1)(b) or (2)(b);

(e)higher or lower maximum numbers are specified in it under section 6;

(f)[F105in the case of a heavy goods vehicle licence,] fewer places are specified in it as operating centres of the licence-holder.

(4)Any undertakings taken into account by the traffic commissioner under [F106section 13C(7)] that he considers to be material to the granting of the application shall be recorded in the licence issued.

(5)A statement shall appear on the face of every operator’s licence indicating whether it is a standard licence or a restricted licence.

(6)A statement shall appear on the face of every standard licence indicating whether it covers both national and international transport operations or national transport operations only.

16 Duration of operators’ licences.E+W+S

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

(2)Subject to its revocation or other termination under any provision of this Act or any other statutory provision, an operator’s licence (other than an interim licence issued under section 24) shall continue in force indefinitely.

(3)If the holder of an operator’s licence [F107requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must,] subject to subsection (4), comply with the request.

(4)[F108A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner] is considering giving a direction in respect of the licence under section 26 or 27.

(5)An operator’s licence held by an individual terminates if he dies, if [F109he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence], or if (in Scotland) a curator bonis is appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

Textual Amendments

Modifications etc. (not altering text)

C19S. 16(2) restricted (1.1.1996) by S.I. 1995/2181, art. 3, Sch. paras. 2(4), 3(4)

Variation of licencesE+W+S

17 Variation of operators’ licences.E+W+S

(1)Subject to section 18, on the application of the holder of an operator’s licence, [F110a traffic commissioner] may vary the licence by directing—

(a)that additional motor vehicles be specified in the licence or that any maximum number specified in it under section 6 be increased;

(b)that any vehicle cease to be specified in the licence or that any maximum number specified in it under section 6 be reduced;

(c)that any provision in the licence such as is mentioned in section 5(2) cease to have effect;

(d)that a provision such as is mentioned in section 5(2) be included in the licence;

(e)that any provision in the licence such as is mentioned in section 6(1)(b) or (2)(b) cease to have effect;

(f)that a provision such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence;

(g)[F111in the case of a heavy goods vehicle licence,] that a new place in the [F112same traffic] area be specified in the licence as an operating centre of the licence-holder, or that any place cease to be so specified;

(h)that any undertaking recorded in the licence be varied or removed;

(i)that any condition attached to the licence be varied or removed;

(j)in the case of a restricted licence, that it be converted into a standard licence or, in the case of a standard licence, that it be converted into a restricted licence;

(k)in the case of a standard licence, that it cover both international and national transport operations instead of national transport operations only, or vice versa.

(2)A person applying for the variation of an operator’s licence under this section shall give to [F113the traffic commissioner dealing with the application, in such form as he or another traffic commissioner may require, such information as he or another traffic commissioner] may reasonably require for disposing of the application.

(3)Except in the cases mentioned in subsection (4), [F114a traffic commissioner] shall publish notice of any application for the variation under this section of an operator’s licence, and shall do so in the manner prescribed for the publication of notices under section 10(1).

(4)The excepted cases are—

(a)where the application is for a direction under subsection (1)(a) that additional motor vehicles be specified in the licence;

(b)where the application is for a direction under subsection (1)(b), (d) or (f);

(c)where the application is for a direction under subsection (1)(g) that a place cease to be specified in a [F115heavy goods vehicle] licence as an operating centre of the licence-holder;

(d)where the application is for a direction under subsection (1)(j) that a standard licence be converted into a restricted licence;

(e)where the application is for a direction under subsection (1)(k) that a licence cover national transport operations only, instead of both national and international transport operations;

(f)where the traffic commissioner is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.

(5)Where notice of an application is published under subsection (3), the following provisions, namely—

(a)section 10(2),

(b)section 12(1)(a), (6), (8) and (9)(a),

(c)[F116sections 13 to 13D], and

(d)section 15,

shall, with any necessary modifications and subject to section 19, apply in relation to that application as they apply in relation to an application for an operator’s licence of which notice is published under section 10(1).

Textual Amendments

Modifications etc. (not altering text)

C20S. 17 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 6(1)

C21S. 17(3) excluded by 2006 c. 12, s. 16E(3) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))

18 Publication of notice of applications for variation [F117of heavy goods vehicle licences] in any locality affected.E+W+S

(1)Subject to subsection (4), [F118a traffic commissioner who is dealing with an application for [F119a heavy goods vehicle] licence shall refuse the application for any of the directions mentioned in subsection (2)] without considering the merits unless he is satisfied that subsection (3) has been complied with in respect of each locality affected by the application.

(2)The directions referred to in subsection (1) are—

(a)any direction under section 17(1)(a) that a maximum number [F120of heavy goods vehicles] specified in a licence under section 6 be increased;

(b)any direction under section 17(1)(c) or (e) [F121that has the effect of authorising the use of a heavy goods vehicle under a licence];

(c)any direction under section 17(1)(g) that a new place be specified in a licence as an operating centre of the licence-holder; and

(d)any direction under section 17(1)(h) or (i) which might result in a material change in the use of any operating centre of the licence-holder [F122in the traffic area concerned] .

(3)This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(4)[F123A traffic commissioner] is not required by this section to refuse an application if—

(a)he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and

(b)he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(5)For the purposes of this section a locality is affected by an application for the variation of [F124a heavy goods vehicle] licence if—

(a)it contains any place [F125in the traffic area concerned] that will be an operating centre of the licence-holder if the application is granted; or

(b)it contains an existing operating centre of the licence-holder [F126in the traffic area concerned] and—

(i)the granting of the application would or could result in an increase in the number of [F127heavy goods] vehicles, or the number of [F127heavy goods] vehicles above a certain weight, that have that centre as their operating centre; or

(ii)any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

Textual Amendments

Modifications etc. (not altering text)

C22S. 18 modified (1.1.1996) S.I. 1995/2181, art. 3, Sch. paras. 8, 9

C23S. 18 excluded by 2006 c. 12, s. 16E(3) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))

19 Objection to, and refusal of, applications to vary [F128heavy goods vehicle] licences on environmental grounds.E+W+S

(1)This section applies where notice of an application for the variation of [F129a heavy goods vehicle] licence has been published under section 17(3).

(2)Where the application relates to an existing operating centre of the licence-holder [F130in the traffic area concerned]

(a)any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that the use of that operating centre in any manner which would be permitted if the application were granted would cause adverse effects on environmental conditions in the vicinity of that centre;

(b)subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that operating centre may make representations against the grant of the application on the ground mentioned in paragraph (a); and

(c)whether or not anyone objects or makes representations under paragraph (a) or (b), [F131a traffic commissioner] may refuse the application on the ground mentioned in paragraph (a).

(3)For the purposes of subsection (2), an application shall be taken to relate to an operating centre if—

(a)granting it would or could result in an increase in the number of [F132heavy goods] vehicles, or the number of [F132heavy goods] vehicles above a certain weight, that have that centre as their operating centre; or

(b)any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

(4)Where the application is for a place [F133in the traffic area concerned] to be specified in the licence as an operating centre of the licence-holder—

(a)any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as an operating centre of the licence-holder; and

(b)subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that place may make representations against the grant of the application on that ground.

(5)A person may not make representations under subsection (2)(b) or (4)(b) unless any adverse effects on environmental conditions arising from the use of the operating centre or place in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.

(6)If any person duly objects or makes representations under subsection (4) against an application for a place [F134in the traffic area concerned] to be specified in the licence as an operating centre of the licence-holder, [F134a traffic commissioner] may refuse the application—

(a)on the ground that the parking of [F135heavy goods] vehicles used under the licence at or in the vicinity of that place would cause adverse effects on environmental conditions in the vicinity of that place; or

(b)subject to subsection (7), on the ground that that place would be unsuitable on environmental grounds other than the ground mentioned in paragraph (a) above for use as an operating centre of the licence-holder.

(7)[F136A traffic commissioner may not refuse an application] on the ground mentioned in subsection (6)(b) if—

(a)on the date the application was made, the place in question was already specified in [F137a heavy goods vehicle] licence F138... as an operating centre of the holder of that licence, or

(b)the applicant has produced to [F139a traffic commissioner] a certificate in force in respect of that place under—

(i)section 191 or 192 of the M6Town and Country Planning Act 1990, or

[F140(ii)section 150 or 151 of the Town and Country Planning (Scotland) Act 1997;]

stating that its use as an operating centre for vehicles used under [F141a heavy goods vehicle] licence is or would be lawful.

(8)Subsection (7) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in [F142a heavy goods vehicle] licence as an operating centre of the holder of that licence.

(9)A place is not to be regarded for the purposes of paragraph (a) of subsection (7) as being specified in [F143a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in [F143a heavy goods vehicle] licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—

(a)the [F144heavy goods vehicle] licence in which that place was specified was an interim licence issued under section 24; or

(b)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(c)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F145a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(10)Any objection or representations under this section—

(a)shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the issue to which the objection relates or the representations relate; and

(b)shall be made in the prescribed manner and within the prescribed time after the making of the application to which the objection relates or the representations relate.

(11)Where [F146a traffic commissioner] considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.

Textual Amendments

F140S. 19 (7)(b)(ii) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 59(3)

Marginal Citations

20 Variation of licences: further provisions.E+W+S

(1)Where the holder of a restricted licence makes an application under section 17 [F147for a direction that the licence be varied by converting it] into a standard licence—

(a)section 9(2) and (3)(b) and (without prejudice to the generality of section 17(5)) section 13(1) shall apply in relation to that application as they apply in relation to an application for a standard licence; and

(b)if the application is granted, section 22(2) shall apply to the giving of the direction to vary the restricted licence as it applies to the issuing of a standard licence.

(2)Where the holder of a standard licence which covers only national transport operations makes an application under section 17 F148... for a direction that the licence be varied to cover both national and international transport operations—

(a)the applicant shall include in his application particulars about the professional competence on which he intends to rely; and

(b)[F149a traffic commissioner] shall refuse to direct the variation applied for unless he is satisfied that the professional competence on which the applicant proposes to rely is sufficient for the purposes of international transport operations.

Conditions attached to licencesE+W+S

21 Conditions [F150attached to heavy goods vehicle licences] for securing road safety.E+W+S

(1)On issuing [F151a heavy goods vehicle] 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 [F152heavy goods] vehicles that are authorised to be used under it from causing danger to the public—

(a)at any point where [F153heavy goods] 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 [F154heavy goods] vehicles are driven between such a point and the operating centre.

(2)On varying [F155a heavy goods vehicle] licence under section 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.

(3)[F156A traffic commissioner] shall not—

(a)attach to [F157a heavy goods vehicle] 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 [F158a heavy goods vehicle] licence under this section,

[F156unless 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 M7Highways Act 1980; and

(b)in relation to Scotland, has the same meaning as in the M8Roads (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

Marginal Citations

22 Conditions [F159attached to operators’ licences] 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 [F160to 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 [F161a 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 [F162a traffic commissioner] of any event which could affect the fulfilment by the licence-holder of any of the requirements of [F163section [F16413A]] , and to do so within 28 days of the event; and

(b)a condition requiring the licence-holder to inform [F162a traffic commissioner] of any event which could affect the fulfilment by a F165... transport manager of [F166one or more of] the requirements [F167set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3], and to do so within 28 days of the event coming to the licence-holder’s knowledge.

F168(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 [F169a 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 [F170section 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 [F171level 5] on the standard scale.

Textual Amendments

23 Conditions [F172attached to heavy goods vehicle licences] as to use of operating centres.E+W+S

(1)On issuing [F173a heavy goods vehicle] 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 [F174in 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 [F175heavy goods vehicles] which may at any one time be at any operating centre of the licence-holder F176... for any prescribed purpose;

(b)the parking arrangements to be provided [F177for heavy goods vehicles] 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 [F178a heavy goods vehicle] 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)[F179A traffic commissioner] shall not—

(a)attach any condition such as is mentioned in this section to [F180a heavy goods vehicle] licence, or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to [F181a heavy goods vehicle] licence under this section,

[F179unless 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

Interim licences and interim variationsE+W+S

24 Interim operators’ licences.E+W+S

(1)On an application for an operator’s licence (a “full” licence), a traffic commissioner may, if the applicant so requests, issue to him an interim licence.

(2)An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or any other statutory provision) will continue in force until it terminates under subsection (4), (5) or (6).

(3)[F182A traffic commissioner] may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 15(3).

(4)If [F183a traffic commissioner] grants the application and issues to the applicant a full licence that—

(a)is in the terms applied for, or

(b)is in those terms subject only to the attachment under section 21, 22 or 23 of any conditions that are also attached to the interim licence,

the interim licence shall terminate on the date on which the full licence comes into force.

(5)If, on an appeal under section 37 arising out of the application, the [F184Upper Tribunal] orders [F185a traffic commissioner] to issue a full licence to the applicant, the interim licence shall terminate—

(a)on the date on which the full licence issued in pursuance of the order comes into force, or

(b)at the time at which the application is withdrawn or treated as withdrawn by virtue of section 45(3).

(6)If neither subsection (4) nor subsection (5) applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to [F186a traffic commissioner] .

(7)Where, in a case within subsection (6), the application is granted, the full licence issued to the applicant shall be of no effect before the interim licence terminates (notwithstanding any statement in it to the contrary).

[F187(7A)A request for the issuing of an interim standard licence—

(a)shall not be treated as an application for an operator’s licence for the purposes of section 10, 11, 12, 14, 15(1) to (4), 36 or 37 or Schedule 4, but

(b)shall be treated as such an application for the purposes of any other provision of this Act.]

(8)A request for the issuing of an interim [F188restricted] licence—

(a)shall not be treated as an application for an operator’s licence for the purposes of section 10, 11, 12, 13, 14, 15(1) to (4), 36 or 37 or Schedule 4, but

(b)shall be treated as such an application for the purposes of any other provision of this Act.

(9)In this section and section 25 references to the date on which an application is finally disposed of are references—

(a)subject to paragraph (b), to the earliest date by which the application and any appeal to the [F189Upper Tribunal] arising out of the application have been determined and any time for bringing such an appeal has expired, or

(b)if the application is withdrawn or any such appeal is abandoned, to the date of the withdrawal or abandonment.

25 Interim variations.E+W+S

(1)On an application for the variation under section 17 of an operator’s licence, if the applicant so requests [F190a traffic commissioner may, before the application has been determined,] vary the licence by giving an interim direction in respect of it.

(2)An interim direction is a direction under section 17(1) that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) below.

(3)If on determining the application [F191a traffic commissioner] varies the licence by giving a direction in the terms applied for and does not also under section 21(1) or (2) or 23(1) or (3) attach or vary any conditions, the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.

(4)If subsection (3) does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to [F192a traffic commissioner] .

(5)Where, in a case within subsection (4), on determining the application [F193a traffic commissioner] gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.

(6)A request for an interim direction to be given—

(a)shall not be treated as an application for the variation of an operator’s licence for the purposes of section 17(3) or 37 or Schedule 4, but

(b)shall be treated as such an application for the purposes of any other provision of this Act.

(7)The reference in subsection (4) to the date on which an application is finally disposed of is to be construed in accordance with section 24(9).

Revocation etc. of operators’ licencesE+W+S

26 Revocation, suspension and curtailment of operators’ licences.E+W+S

(1)Subject to the following provisions of this section and the provisions of section 29, [F194a traffic commissioner may direct that an operator’s licence] be revoked, suspended or curtailed (within the meaning given in subsection (11)) on any of the following grounds—

(a)[F195in the case of a heavy goods vehicle licence,] that a place in the [F196traffic area to which the licence relates] has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for [F197heavy goods] vehicles authorised to be used under the licence;

(b)that the licence-holder has contravened any condition attached to the licence;

(c)that during the five years ending with the date on which the direction is given there has been—

(i)a conviction of the licence-holder of an offence such as is mentioned in any of sub-paragraphs (a) to (i) of paragraph 5 of Schedule 2;

(ii)a conviction of a servant or agent of the licence-holder of any such offence, other than an offence such as is mentioned in sub-paragraph (c), (e) or (h) of that paragraph; or

(iii)a prohibition under section 69 or 70 of the M9Road Traffic Act 1988 (power to prohibit driving of unfit or overloaded vehicles) of the driving of a vehicle of which the licence-holder was the owner when the prohibition was imposed;

[F198(ca)that during those five years a fixed penalty notice or conditional offer has been issued under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder in respect of an offence within sub-paragraph (i) of paragraph (c) or to a servant or agent of the licence-holder in respect of an offence within sub-paragraph (ii) of that paragraph;]

(d)that during those five years, on occasions appearing to the commissioner to be sufficiently numerous to justify the giving of a direction under this subsection, there has been a conviction of the licence-holder or a servant or agent of his of an offence such as is mentioned in paragraph 5(j) of Schedule 2 [F199 or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence];

(e)that the licence-holder made, or procured to be made, for the purposes of—

(i)his application for the licence,

(ii)an application for the variation of the licence, or

(iii)a request for a direction under paragraph 1 or 3 of Schedule 4,

a statement of fact that, whether to his knowledge or not, was false, or a statement of expectation that has not been fulfilled;

(f)that any undertaking recorded in the licence has not been fulfilled;

(g)that the licence-holder, being an individual, has been [F200made] bankrupt [F201or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him] or, being a company, has gone into liquidation, other than voluntary liquidation for the purpose of reconstruction;

(h)that since the licence was issued or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the issue or variation of the licence;

(i)that the licence is liable to revocation, suspension or curtailment by virtue of a direction under section 28(4).

(2)Where [F202a traffic commissioner] has power to give a direction in respect of a licence under subsection (1), the commissioner also has power to direct that a condition, or additional condition, such as is mentioned in section 22(1) be attached to the licence.

(3)In this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 22(1) includes any condition attached to the licence under subsection (2) above.

(4)Where the existence of any of the grounds mentioned in subsection (1) is brought to the notice of [F203a traffic commissioner in the case of the holder of any operator’s licence] , the commissioner shall consider whether or not to give a direction under this section in respect of that licence.

(5)Where, in a case falling within subsection (1)(c)(i)—

(a)the conviction in question is a conviction of the licence-holder of an offence under section 3(6) or of the corresponding offence under regulation 33(2) of the M10Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, and

(b)there has been, within the 5 years preceding that conviction, a previous conviction of the licence-holder of an offence under either of those provisions,

the traffic commissioner shall give a direction under subsection (1) to revoke the licence.

(6)Where [F204a traffic commissioner gives a direction under subsection (1)] that an operator’s licence be suspended or curtailed, the commissioner may order—

(a)in the case of a suspension, that any motor vehicle specified in the licence may not be used under any other operator’s licence (notwithstanding anything in section 5(1)(a)), or

(b)in the case of a curtailment having the effect of removing any motor vehicle from the licence, that the motor vehicle may not be used as mentioned in paragraph (a) and shall not be capable of being effectively specified in any other operator’s licence.

(7)An order made under subsection (6) shall cease to have effect—

(a)on such date, not being more than 6 months after the order is made, as may be specified in the order, or

(b)if, before that date, the licence which is directed to be suspended or curtailed ceases to be in force, on the date on which it ceases to be in force.

(8)[F205Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner] may at any time—

(a)cancel the direction together with any order under subsection (6) that was made when the direction was given;

(b)cancel any such order; or

(c)with the consent of the licence-holder, vary the direction or any such order (or both the direction and any such order).

(9)Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

(10)In subsection (1)(g) the reference to an individual having been [F206made] bankrupt shall, as respects Scotland, be construed as a reference to an award of sequestration having been made of his estate.

(11)In this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—

(a)that one or more of the vehicles specified in the licence be removed from it;

(b)that a provision such as is mentioned in section 5(2) or 6(1)(b) or (2)(b) be included in the licence;

(c)that any maximum number specified in the licence under section 6 be reduced;

(d)[F207in the case of a heavy goods vehicle licence,] that any one or more of the places specified in the licence as operating centres be removed from it.

Textual Amendments

F198S. 26(1)(ca) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(4), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

F199Words in s. 26(1)(d) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(5), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

Modifications etc. (not altering text)

C24S. 26 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 11

Marginal Citations

27 Revocation of standard licences.E+W+S

(1)[F208A traffic commissioner shall direct that a standard licence] be revoked if at any time it appears to him that

[F209(a)the licence-holder no longer satisfies [F210one or more of] the requirements of section [F21113A], or

(b)the transport manager designated [F212by the licence-holder] no longer satisfies [F213one or more of] the requirements [F214set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3]]

(2)Before giving a direction under subsection (1) in respect of a licence, [F215a traffic commissioner] shall give to its holder notice in writing that he is considering giving such a direction.

(3)A notice under subsection (2) shall state the grounds on which the traffic commissioner is considering giving a direction under subsection (1) and F216...—

(a)[F217shall invite the licence-holder to make] written representations with respect to those grounds F218..., and

(b)[F219shall state that] any such representations must be received by the commissioner [F220dealing with the matter] within 21 days of the date of the notice;

[F221and a traffic commissioner may not give a direction under subsection (1) without considering any representations duly made under this subsection] .

[F222(3A) A notice under subsection (2) may set a time limitF223... for the licence-holder to rectify the situation.

[F224(3AA)The time limit set under subsection (3A) may not exceed, beginning with the day after the date of the notice—

(a)6 months, or

(b)9 months if the licence-holder ceases to have a suitable number of individuals designated under section 13A(3)(a)(ii) or (b) because—

(i)a transport manager is physically incapacitated or deceased, and

(ii)more than 6 months is required to recruit a replacement transport manager.]

(3B)If the licence-holder rectifies the situation within the time limit set under subsection (3A), the traffic commissioner must not make the direction under subsection (1).]

(4)This section has effect subject to section 29 (and, in particular, nothing in [F225subsections (3) to (3B)] above shall be taken to affect a person’s right under section 29(1) to require the holding of an inquiry).

Textual Amendments

Modifications etc. (not altering text)

C25S. 27(1) applied by S.I. 1995/2869, reg. 29(7) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(d))

28 Disqualification.E+W+S

(1)Where, under section 26(1) or 27(1), a traffic commissioner directs that an operator’s licence be revoked, the commissioner may order the person who was the holder of the licence to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from holding or obtaining an operator’s licence; and so long as the disqualification is in force—

(a)any operator’s licence held by him at the date of the making of the order (other than the licence revoked) shall be suspended, and

(b)notwithstanding anything in section 13 or 24, no operator’s licence may be issued to him.

(2)If a person applies for or obtains an operator’s licence while he is disqualified under subsection (1)—

(a)he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale, and

(b)any operator’s licence issued to him on the application, or (as the case may be) the operator’s licence obtained by him, shall be void.

(3)An order under subsection (1) may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of one or more specified traffic areas and, if the order is so limited—

(a)paragraphs (a) and (b) of that subsection and subsection (2) shall apply only to any operator’s licence to which the order applies, but

(b)notwithstanding section 5(4)(b), no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in a traffic area in respect of which he is disqualified by virtue of the order.

(4)Where [F226a traffic commissioner] makes an order under subsection (1) in respect of any person, the commissioner may direct that if that person, at any time or during such period as the commissioner may specify—

(a)is a director of, or holds a controlling interest in—

(i)a company which holds a licence of the kind to which the order in question applies, or

(ii)a company of which such a company is a subsidiary, or

(b)operates any goods vehicles in partnership with a person who holds such a licence,

that licence of that company or, as the case may be, of that person, shall be liable to revocation, suspension or curtailment under section 26.

(5)The powers conferred by subsections (1) and (4) in relation to the person who was the holder of a licence shall be exercisable also—

(a)where that person was a company, in relation to any director of that company, and

(b)where that person operated vehicles under the licence in partnership with other persons, in relation to any of those other persons;

and any reference in this section or in section 26 or 29 to subsection (1) or (4) above includes a reference to that subsection as it applies by virtue of this subsection.

(6)[F227Where an order has been made under subsection (1) disqualifying any person, a traffic commissioner] may at any time—

(a)cancel that order together with any direction that was given under subsection (4) when the order was made;

(b)cancel any such direction; or

(c)with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).

(7)Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

(8)For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital (as defined in [F228section 548 of the Companies Act 2006]).

29 Revocation and disqualification etc: supplementary provisions.E+W+S

(1)A traffic commissioner shall not—

(a)give a direction under section 26(1) or (2) or 27(1) in respect of any licence,

(b)make an order under section 26(6) in respect of any vehicle, or

(c)make an order or give a direction under section 28(1) or (4) in respect of any person,

without first holding an inquiry if the holder of the licence or (as the case may be) the person concerned requests [F229that an inquiry be held] .

(2)[F230A traffic commissioner] may direct that any direction or order given or made by him under—

(a)section 26(1), (2) or (6),

(b)section 27(1), or

(c)section 28(1) or (4),

shall not take effect until the expiry of the time within which an appeal may be made to the [F231Upper Tribunal] against the direction or order and, if such an appeal is made, until the appeal has been disposed of.

(3)If [F232a traffic commissioner] refuses to give a direction under subsection (2) the holder of the licence or, as the case may be, the person in respect of whom the direction or order was given or made may apply to the [F233Upper Tribunal] for such a direction.

F234(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of operating centresE+W+S

30 Periods of review for operating centres.E+W+S

(1)Within such time after any period of review as may be prescribed, [F235a traffic commissioner] may serve a notice on [F235the holder of [F236a heavy goods vehicle] licence] stating that the commissioner is considering whether to exercise any of his powers under sections 31 and 32 in relation to a place specified in the licence as an operating centre of the licence-holder.

(2)The periods of review in relation to [F237a heavy goods vehicle] licence are—

(a)the period of five years beginning with the date specified in the licence as the date on which it came into force; and

(b)each consecutive period of five years.

(3)Regulations may amend subsection (2) by substituting a higher or lower number (but not a number lower than five) for the number of years for the time being specified in paragraphs (a) and (b).

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

31 Power to remove operating centres on review.E+W+S

(1)If, [F238after a notice has been served] under section 30 in respect of a place specified in [F239a heavy goods vehicle] licence, [F240a traffic commissioner] determines that the place is unsuitable—

(a)on grounds other than environmental grounds, or

(b)on the ground mentioned in subsection (2),

for use as an operating centre of the licence-holder, he may (subject to subsection (3)) direct that it cease to be specified in the licence.

(2)The ground referred to in subsection (1)(b) is that the parking of [F241heavy goods] vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.

(3)Where the only ground for giving a direction under subsection (1) is the ground mentioned in subsection (2), the traffic commissioner may not give such a direction unless during the period of review in question representations were made to him [F242or another traffic commissioner]

(a)by such a person as is mentioned in section 12(2), or

(b)by a person who is the owner or occupier of any land in the vicinity of the place in question,

as to the unsuitability of the place on environmental grounds for continued use as an operating centre for [F243heavy goods] vehicles used under any [F244heavy goods vehicle] licence.

(4)Representations made by a person such as is mentioned in paragraph (b) of subsection (3) shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in that paragraph.

(5)Any representations under this section—

(a)shall be made in the prescribed manner; and

(b)shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate;

but where [F240a traffic commissioner] considers there to be exceptional circumstances that justify his doing so, he may direct that representations be treated for the purposes of this Act as duly made under this section notwithstanding that they were not made in the prescribed manner or within the period of review in question.

32 Power to attach conditions on review.E+W+S

(1)If, [F245after a notice has been served] under section 30 in respect of a place specified in [F246a heavy goods vehicle] licence, [F245no direction is given in respect of the place under section 31, a traffic commissioner] may direct—

(a)that conditions (or additional conditions) such as are mentioned in section 21, 22(1)(c) or 23 be attached to the licence;

(b)that any conditions already attached to the licence under section 21, 22(1)(c) or 23 be varied.

(2)Any conditions attached to the licence under subsection (1)(a) shall relate or, in the case of conditions such as are mentioned in section 22(1)(c), shall only require [F247a traffic commissioner] to be informed of events that relate—

(a)only to the place referred to in subsection (1), or

(b)only to that place and any other places in respect of which [F248the traffic commissioner giving the direction] has power to attach conditions under that subsection.

(3)Any variation under subsection (1)(b) shall be such as imposes new or further restrictions or requirements—

(a)only in relation to the place referred to in subsection (1), or

(b)only in relation to that place and any other places in respect of which [F249the traffic commissioner giving the direction] has power to attach conditions under that subsection.

(4)Where [F250a traffic commissioner] gives a direction in respect of [F251a heavy goods vehicle] licence under section 31 or subsection (1)(a) above, he may also vary the licence by directing—

(a)that any [F252heavy goods] vehicle cease to be specified in the licence;

(b)that any maximum number [F253of heavy goods vehicles] specified in the licence under section 6 be reduced;

(c)that a provision [F254relating to heavy goods vehicles] such as is mentioned in section 5(2) be included in the licence;

(d)that a provision [F255relating to heavy goods vehicles] such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence.

(5)In this Act any reference, in relation to [F256a heavy goods vehicle] licence, to a condition attached to the licence under section 21, 22 or 23 includes a reference to any condition such as is mentioned in section 21, 22 or (as the case may be) 23 attached to the licence under subsection (1)(a) above.

Textual Amendments

Modifications etc. (not altering text)

C28S. 32 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 12(2)

Transfer of operating centresE+W+S

33 Transfer of operating centres.E+W+S

Schedule 4 (which makes provision in relation to certain applications for, or for the variation of, [F257heavy goods vehicle] licences where the proposed operating centres of the applicant are already specified in [F258a heavy goods vehicle] licence) shall have effect.

Environmental mattersE+W+S

34 Determinations as to environmental matters.E+W+S

(1)In making any determination of a description mentioned in subsection (2), a traffic commissioner shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

(2)The determinations referred to are—

(a)any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of [F259a heavy goods vehicle] licence;

(b)any determination with respect to attaching to [F260a heavy goods vehicle] licence any condition such as is mentioned in section 23 or varying or removing any such condition attached to [F260a heavy goods vehicle] licence; and

(c)any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of [F261a heavy goods vehicle] licence.

(3)In making any such determination for the purposes of exercising—

(a)any of his functions in relation to an application for, or for the variation of, [F262a heavy goods vehicle] licence, or

(b)any of his functions under sections 30 to 32,

a traffic commissioner may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 30 to 32, and may assume that those undertakings will be fulfilled.

(4)In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c), a traffic commissioner may take into account any conditions such as are mentioned in section 23 that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

(5)Where a traffic commissioner—

(a)grants an application for, or for the variation of, [F263a heavy goods vehicle] licence, or

(b)[F264after a notice has been served] under section 30 in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 31 and 32 in relation to that place,

any undertakings taken into account by the commissioner under subsection (3) that he considers to be material to the application or (as the case may be) to his decision under sections 31 and 32 shall be recorded in the licence in question.

InquiriesE+W+S

35 Power of traffic commissioners to hold inquiries.E+W+S

(1)A traffic commissioner may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Act [F265or the 2009 Regulation].

(2)Where, as respects the proposed exercise on any occasion of any of his powers under [F266this Act or the 2009 Regulation], a traffic commissioner receives a request for an inquiry (made pursuant to section 29(1) [F267or paragraph 15(1)(d) or 17(4)(c) of Schedule 3]) from two or more persons, [F268he or another traffic commissioner] may hold a single inquiry in response to both or all of those requests.

(3)Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act [F269or the 2009 Regulation] shall be held in public.

(4)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, so long as that trade or business continues to be carried on, be disclosed except—

(a)with the consent of the person for the time being carrying on that trade or business;

(b)for the purpose of the discharge by any person of his functions under this Act [F270or the 2009 Regulation]; or

(c)with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Act [F271or the 2009 Regulation], including proceedings before the [F272Upper Tribunal].

(5)Any person who discloses any information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Review of decisions and appealsE+W+S

36 Review of decisions.E+W+S

(1)Subject to subsection (2), a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his [F273, or of another traffic commissioner,] to grant or refuse—

(a)an application for an operator’s licence, or

(b)an application for the variation of such a licence in a case where section 17(3) required notice of the application to be published,

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

(2)[F274A traffic commissioner] may under subsection (1) review a decision only—

[F275(a)if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;]

(b)if, within that period, a person who appears to him to have an interest in the decision has requested [F276that the decision be reviewed by a traffic commissioner] ; or

(c)(where neither paragraph (a) nor paragraph (b) 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) are to be or may be served, including provision as to the circumstances in which, and the 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 under this section of any decision shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

37 Rights of appeal in connection with operators’ licences.E+W+S

(1)An applicant for, or for the variation of, an operator’s licence may appeal to the [F277Upper Tribunal] against the refusal of the application or (as the case may be) against the terms of the licence or of the variation.

(2)The holder of an operator’s licence may appeal to the [F278Upper Tribunal] against any direction given under section 5(9), 26(1) or (2), 27(1), 31 or 32 in respect of the licence.

(3)The holder of an operator’s licence may appeal to the [F278Upper Tribunal] against any order made under section 26(6) on the suspension or curtailment of the licence.

(4)A person in respect of whom an order has been made under section 28(1) (including section 28(1) as it applies by virtue of section 28(5)) may appeal to the [F278Upper Tribunal] against that order and against any direction given under section 28(4) (including section 28(4) as it so applies) when the order was made.

(5)A person who has duly made an objection to an application for, or for a variation of, an operator’s licence may appeal to the [F278Upper Tribunal] against the grant of the application.

(6)A person who—

(a)within the prescribed period has made an application for a review under section 36, and

(b)has been certified by [F279a traffic commissioner] as a person such as is mentioned in subsection (2)(b) of that section,

may appeal to the [F278Upper Tribunal] against the refusal of the application.

(7)In subsections (1) and (2) “operator’s licence” does not include an interim licence issued under section 24.

Forgery, false statements, etc.E+W+S

38 Forgery of documents, etc.E+W+S

(1)A person is guilty of an offence if, with intent to deceive, he—

(a)forges, alters or uses a document or other thing to which this section applies;

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

(c)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.

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

(a)any operator’s licence;

(b)any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;

(c)any document evidencing the authorisation of any person for the purposes of sections 40 and 41;

(d)any certificate of qualification under section 49; and

(e)any certificate or diploma such as is mentioned in paragraph 13(1) [F280or (1A)] of Schedule 3.

(3)A person guilty of an offence under subsection (1) is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.

39 False statements.E+W+S

(1)A person is guilty of an offence if he knowingly makes a false statement for the purpose of—

(a)obtaining the issue to himself or any other person of an operator’s licence;

(b)obtaining the variation of any such licence;

(c)preventing the issue or variation of any such licence;

(d)procuring the imposition of a condition or limitation in relation to any such licence; or

(e)obtaining the issue to himself or any other person of a certificate of qualification under section 49 or a certificate or diploma such as is mentioned in paragraph 13(1) [F281or (1A)] of Schedule 3.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Enforcement etc.E+W+S

40 Inspection of maintenance facilities.E+W+S

(1)An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the vehicles used under the licence in a fit and serviceable condition.

(2)Any person who obstructs an officer in the exercise of his powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

41 Power to seize documents etc.E+W+S

(1)If an officer has reason to believe that—

(a)a document or article carried on or by the driver of a vehicle, or

(b)a document produced to him in pursuance of this Act,

is a document or article in relation to which an offence has been committed under section 38 or 39, he may seize that document or article.

(2)Where—

(a)a document or article is seized under subsection (1),

(b)no person has, within six months of the date on which the document or article was seized, been charged since that date with an offence in relation to it under section 38 or 39, and

(c)the document or article is still detained,

then any of the persons mentioned in subsection (3) may make an application to a magistrates’ court or (in the case of an application made in Scotland) the sheriff.

(3)The persons who may make an application under subsection (2) are—

(a)an officer;

(b)the driver or owner of the vehicle;

(c)the person from whom the document was seized.

(4)On an application under subsection (2), the magistrates’ court or the sheriff shall—

(a)make such order respecting the disposal of the document or article, and

(b)award such costs or (in Scotland) expenses,

as the justice of the case may require.

(5)Any application made under subsection (2) to the sheriff shall be made by way of summary application.

42 Meaning of “officer” and powers of police constables.E+W+S

(1)In sections 40 and 41 “officer” means—

(a)an examiner appointed under section 66A of the M11Road Traffic Act 1988, or

(b)any person authorised for the purposes of sections 40 and 41 by [F282a traffic commissioner] .

(2)The powers conferred by sections 40 and 41 on an officer shall be exercisable also by a police constable.

43 Evidence by certificate.E+W+S

(1)In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.

(2)The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states—

(a)that, on any date, a person was or was not the holder of an operator’s licence issued by [F283a traffic commissioner] ;

(b)that, by virtue of a direction given by [F283a traffic commissioner] under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date;

(c)the date of the coming into force of any operator’s licence issued by [F283a traffic commissioner] ;

(d)the date on which any operator’s licence issued by [F283a traffic commissioner] ceased to be in force;

(e)the terms and conditions of any operator’s licence issued by [F283a traffic commissioner] ;

(f)that a person is by virtue of an order of [F283a traffic commissioner] disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period;

(g)that a direction, having effect indefinitely or for a specified period, has been given by [F283a traffic commissioner] under section 28(4) in relation to any person;

(h)that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by [F283a traffic commissioner] under section 26(1); or

[F284(ha)that a person is by virtue of an order of [F283a traffic commissioner] disqualified from acting as a transport manager, either indefinitely or for a specified period (see paragraph 16 of Schedule 3);]

(i)that, by virtue of a direction given by [F283a traffic commissioner] under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period.

(3)Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.

MiscellaneousE+W+S

44 Assessors.E+W+S

(1)In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Act [F285or the 2009 Regulation], [F286a traffic commissioner] may be assisted by an assessor drawn from a panel of persons appointed for the purpose by the Secretary of State.

(2)The Secretary of State 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.

45 Fees.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 by a traffic commissioner in respect of—

(a)applications for, or for the variation of, operators’ licences;

(b)the issue or variation of operators’ licences;

(c)the continuation in force of operators’ licences;

(d)any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.

(2)A traffic commissioner may decline to proceed with—

(a)any application for, or for the variation of, an operator’s licence, or

(b)the issue or variation of any operator’s licence,

until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.

(3)If, in the case of any application for, or for the variation of, an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—

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

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

(4)If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.

(5)[F287A traffic commissioner] may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (3) or (4) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

(6)Where, by virtue of such a direction, the effect of subsection (3)(a) is to be disregarded in any case, any termination—

(a)of an interim licence under section 24(5)(b) or (6), or

(b)of an interim direction under section 25(4),

by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.

(7)Where such a direction is given in respect of an operator’s licence—

(a)any condition attached to the licence under section 22 shall be treated as having been of no effect during the period beginning with the time when the licence terminated by virtue of subsection (3) or (4) above and ending with the time when the direction comes into force, and

(b)subject to paragraph (a), the traffic commissioner may vary any such condition as it applies in relation to events occurring before the direction comes into force.

(8)All fees payable under this Act, other than those payable under section 49, shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Textual Amendments

Modifications etc. (not altering text)

C30S. 45(3) excluded (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 14

46 Holding companies and subsidiaries.E+W+S

(1)The Secretary of State may by regulations make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator’s licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.

(2)Regulations under this section may—

(a)modify or supplement any of the provisions of this Act, other than the excepted provisions, so far as appears to the Secretary of State to be necessary or expedient for or in connection with the purpose mentioned in subsection (1), and

(b)may contain such other supplementary and incidental provisions as appear to the Secretary of State to be requisite.

(3)In this Act “the excepted provisions” means the following provisions F288..., namely—

(a)sections 3, [F2893A,] 4, 9(2) and (3)(b), [F29013A], 15(5) and (6), 20, 22(2) to (5), 27 and 49;

(b)in section 58, in subsection (1), the definitions of “international transport operations”, “national transport operations”F291... and “transport manager”, and subsection (4); and

(c)Schedule 3.

47 Partnerships.E+W+S

Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be specified in the regulations; but nothing in any such regulations may make modifications in any of the excepted provisions (within the meaning given in section 46(3)).

48 Operators’ licences not to be transferable etc.E+W+S

(1)Subject to any regulations under section 46, an operator’s licence is neither transferable nor assignable.

(2)Regulations may make provision enabling a traffic commissioner, where the holder of an operator’s licence F292... has died [F293or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,], to direct that the licence be treated—

(a)as not having terminated at the time when the licence-holder died or [F294became a person who lacked capacity in that respect] but as having been suspended (that is, as having remained in force but subject to the limitation that no vehicles were authorised to be used under it) from that time until the time when the direction comes into force; and

(b)as having effect from the time when the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(3)Regulations may make provision enabling a traffic commissioner in prescribed circumstances to direct that any operator’s licence F295... is to be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(4)Regulations may make provision enabling a traffic commissioner to direct, for the purpose of giving effect to or supplementing a direction given by him [F296or another traffic commissioner] by virtue of subsection (2) or (3), that this Act is to apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence; but nothing in any such regulations shall permit [F297a traffic commissioner] to modify the operation of any of the excepted provisions (within the meaning given in section 46(3)).

(5)In subsection (2) references to a person becoming [F298a person lacking capacity] include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

(6)In this section “specified”, in relation to a direction, means specified—

(a)in the regulations under which the direction was given; or

(b)in the direction in accordance with those regulations.

49 Certificates of qualification.E+W+S

(1)On an application made to him by a person wishing to engage in [F299an] undertaking [F300established] in a member State [F301that involves the use of goods vehicles], the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—

(a)the applicant’s repute,

(b)his professional competence, or

(c)(where relevant) his financial standing,

as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the F302... member State as regards the repute, professional competence and financial standing of persons engaged in [F303such an undertaking established] in that member State.

(2)A certificate of qualification shall—

(a)be in such form as the Secretary of State for Transport may specify; F304...

F304(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)No certificate of qualification shall be issued before a fee of £20 has been paid.

(4)The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.

(5)In this section “the appropriate person”—

[F305(a)in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and

(b)in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,]

F306...

(6)All fees payable under this section shall be paid into the Consolidated Fund.

Prospective

Large goods vehiclesE+W+S

50 Large goods vehicles.E+W+S

(1)Schedule 5 (which requires certain documents to be carried by the drivers of large goods vehicles and makes other provision in connection with such vehicles) shall have effect.

(2)This section and Schedule 5 shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and different provisions.

General provisionsE+W+S

51 Time for bringing proceedings.E+W+S

Section 6 of the M12Road Traffic Offenders Act 1988 (time for bringing summary proceedings for certain offences) shall apply to an offence under section 9(3)(a) or (b), 38 or 39.

Marginal Citations

52 Destination of fines: Scotland.E+W+S

There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the provisions of this Act or regulations made under it.

53 Method of calculating weight of motor vehicles.E+W+S

For the purposes of this Act the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.

54 Saving for law of nuisance.E+W+S

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

55 Protection of public interests.E+W+S

It is hereby declared that nothing in this Act is to be treated as conferring on the holder of an operator’s licence any right to the continuance of any benefits arising from this Act or from any such licence or from any conditions attached to any such licence.

F30756 Secretary of State’s power to hold inquiries.E+W+S

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

Textual Amendments

[F30856A.Traffic commissioner may have regard to international obligationsE+W+S

(1)In exercising a function under any provision made by or under this Act in relation to a standard licence authorising both national and international transport operations, a traffic commissioner may have regard to any obligation of the United Kingdom as a party to the Trade and Cooperation Agreement that is relevant to the exercise of the function.

(2)In this section, “the Trade and Cooperation Agreement” has the meaning given in section 37 of the European Union (Future Relationship) Act 2020.]

Regulations and ordersE+W+S

57 Regulations and orders.E+W+S

(1)The Secretary of State may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.

(2)In particular, but without prejudice to the generality of subsection (1), the Secretary of State may make regulations with respect to the following matters—

(a)the procedure on applications for, and the determination of questions in connection with, the issuing and variation of operators’ licences and the procedure under, and the determination of questions for the purposes of, sections 26 to 32 and 36;

(b)the issue of operators’ licences and the issue on payment of the prescribed fee of copies of such licences in the case of licences lost or defaced;

(c)the forms which operators’ licences are to take in order to show a distinction—

(i)between a standard licence and a restricted licence; and

(ii)between a licence covering both international and national transport operations and a licence covering national transport operations only;

(d)the means by which vehicles may be identified, whether by plates, marks or otherwise, as being used or authorised to be used under an operator’s licence;

(e)the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (d);

(f)the payment of a prescribed fee in respect of any document, plate or other means of identification so prescribed that has been lost, defaced or broken;

(g)the notification to a traffic commissioner of vehicles which have ceased to be used under an operator’s licence;

(h)the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Act;

(i)the circumstances in which goods are to be treated for the purposes of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him.

(3)The power under subsection (2)(a) shall include power to require a person applying for an operator’s licence to state in his application—

(a)whether his application is for a standard licence or a restricted licence, and

(b)(if his application is for a standard licence) whether his application is for a licence to cover both international and national transport operations or for one to cover national transport operations only.

(4)The power under subsection (2)(d) shall include power to require that any means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence is required.

(5)The power under subsection (2)(d) shall also include power to make provision with respect to the means by which—

(a)any vehicle may be identified as being used under a standard licence or, as the case may be, a restricted licence; and

(b)any vehicle which is being used under a standard licence may be identified as being used under a licence that permits it to be used—

(i)for both international and national transport operations, or

(ii)for national transport operations only.

(6)The Secretary of State may make regulations for providing that any provision of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed.

(7)Any regulations under this Act may make—

(a)different provision for different cases or classes of case and different circumstances, and

(b)transitional provision,

and regulations made by virtue of subsection (2)(d) may make different provision for different traffic areas.

(8)A definition or description of a class of vehicles for the purposes of any regulation under this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatever.

(9)Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(10)No regulations shall be made under section 30(3) unless a draft of them has been laid before, and approved by a resolution of, each House of Parliament.

(11)Any regulations made by the Secretary of State under this Act, other than regulations under section 30(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

(13)Any power to make orders or regulations conferred on the Secretary of State by any provision of this Act shall be exercisable by statutory instrument.

InterpretationE+W+S

58 General interpretation.E+W+S

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

  • F309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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;

  • F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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 M13Road Traffic Act 1988;

  • [F311heavy goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a maximum laden weight exceeding 3.5 tonnes;

  • heavy goods vehicle licence” means an operator’s licence that authorises the use of one or more heavy goods vehicles (whether or not it also authorises the use of one or more light goods vehicles);]

  • holding company” and “subsidiary” have the meaning given by [F312section 1159 of the Companies Act 2006];

  • [F313international transport operations” means the carriage of goods—

    (a)

    from the United Kingdom to any other country or territory (or vice versa);

    (b)

    through the United Kingdom from and to any other country or territory;

    (c)

    within a country or territory other than the United Kingdom;]

  • [F314light goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a maximum laden weight not exceeding 3.5 tonnes;

  • light goods vehicle licence” means an operator’s licence that authorises the use of only one or more light goods vehicles;

  • maximum laden weight” has the meaning given in Part IV of Schedule 6 to the Road Traffic Regulation Act 1984;]

  • 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 M14Road Traffic Act 1960;

  • [F315national transport operations” means the carriage of goods within only the United Kingdom;]

  • 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 M15Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act;

  • prescribed” means prescribed by regulations;

  • [F316 “the 2009 Regulation ” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/ EC ; ]

  • 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 M16Roads (Scotland) Act 1984;

  • F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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 M17Interpretation Act 1978;

  • traffic area” means a traffic area constituted for the purposes of the M18Public Passenger Vehicles Act 1981;

  • [F318traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981;]

  • [F319transport manager” has the [F320meaning given in section 13A(5)];]

  • [F321transport service” means the use of a goods vehicle for which an operator’s licence is required under section 2 (obligation to hold operator’s licence);]

  • 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.

F322(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F323(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Supplementary provisionsE+W+S

59 Transitional provision etc.E+W+S

(1)The transitional provisions and transitory modifications of this Act contained in Schedule 6 shall have effect.

(2)Without prejudice to the generality of paragraphs 2 to 4 of that Schedule, an existing licence shall continue in force as if it had been issued under this Act, and in this Act or any other enactment, instrument or document, any reference to, or including a reference to, an operator’s licence issued under this Act shall, so far as the nature of the reference permits, be construed as including a reference to an existing licence.

(3)In subsection (2) “existing licence” means any operator’s licence within the meaning of Part V of the M19Transport Act 1968 which was in force immediately before the commencement of this Act.

Marginal Citations

60 Consequential amendments and repeals.E+W+S

(1)The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act).

(2)The enactments and instruments specified in Schedule 8 are repealed or revoked to the extent specified in the third column of that Schedule.

61 Commencement.E+W+S

(1)Subject to section 50(2) (which makes provision in relation to the commencement of section 50 and Schedule 5) this Act shall come into force on such day as the Secretary of State may by order appoint.

(2)An order under subsection (1) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of any provision of this Act which reproduces the effect of any provision of the M20Deregulation and Contracting Out Act 1994 which was not brought into force before the appointed day.

(3)Where any provision of the Deregulation and Contracting Out Act 1994 was brought into force before the appointed day by an order containing transitional provisions or savings in connection with the coming into force of that provision, an order under subsection (1) may contain corresponding transitional provisions or savings in connection with the coming into force of any provision of this Act which reproduces the effect of that provision of that Act.

(4)In subsections (2) and (3) “the appointed day” means the day appointed under subsection (1).

Subordinate Legislation Made

P1S. 61 power fully exercised (21.8.1995): 1.1.1996 appointed day for whole act except section 50 and Sch. 5 by S.I. 1995/2181, arts. 1, 2

Marginal Citations

62 Short title and extent.E+W+S

(1)This Act may be cited as the Goods Vehicles (Licensing of Operators) Act 1995.

(2)The amendments specified in Schedule 7 and the repeals and revocations specified in Schedule 8 have the same extent as the enactments and instruments to which they relate.

(3)Subject to subsection (2), this Act does not extend to Northern Ireland.

SCHEDULES

Section 2.

SCHEDULE 1E+W+S Meaning of “small goods vehicle”

F3241E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3251A.E+W+SA goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle, has a [F326maximum laden weight] not exceeding [F3272.5] tonnes.]

[F3281B.E+W+SA goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle—

(a)has a maximum laden weight not exceeding 3.5 tonnes and

(b)is used only for national transport operations.]

2E+W+SA goods vehicle falls within this paragraph if it does not form part of a vehicle combination and—

(a)has a relevant plated weight not exceeding 3.5 tonnes, or

(b)if it does not have a relevant plated weight, has an unladen weight not exceeding 1525 kilograms.

3(1)A goods vehicle falls within this paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that—E+W+S

(a)in a case where all the vehicles comprised in it, or all of those vehicles except any small trailer, have relevant plated weights, the aggregate of the relevant plated weights of those vehicles, exclusive of any such trailer, does not exceed 3.5 tonnes, or

(b)in any other case, the aggregate of the unladen weights of the vehicles comprised in the combination, exclusive of any small trailer, does not exceed 1525 kilograms.

(2)In this paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

4E+W+SA goods vehicle falls within this paragraph if it forms part of an articulated combination which is such that—

(a)in a case where the trailer comprised in the combination has a relevant plated weight, the aggregate of—

(i)the unladen weight of the motor vehicle comprised in the combination, and

(ii)the relevant plated weight of that trailer,

does not exceed 3.5 tonnes, or

(b)in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed 1525 kilograms.

5E+W+SIn any provision of paragraphs 2 to 4 “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations.

[F329SCHEDULE 1AE+W+S Detention of vehicles used without operator’s licence

Textual Amendments

F329 Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I

F330 InterpretationE+W+S

Textual Amendments

F3311(1)In this Schedule—E+W+S

  • authorised person” means—

    (a)

    an examiner appointed by the Secretary of State under section 66A of the M21Road Traffic Act 1988, or

    (b)

    a person acting under the direction of such an examiner;

  • contents”, in relation to a goods vehicle, means any goods carried by that vehicle;

  • immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the M22Road Traffic Regulation Act 1984.

(2)Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of “owner” as regards a goods vehicle.

(3)Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a motor vehicle at a particular time shall be taken to be—

(a)any person in whose name it is then registered by virtue of the M23Vehicle Excise and Registration Act 1994, or

(b)any person in whose operator’s licence it is then specified.

Textual Amendments

Marginal Citations

F332 Detention of propertyE+W+S

Textual Amendments

F3332(1)Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 2, he may detain the vehicle and its contents.E+W+S

(2)Regulations made by virtue of sub-paragraph (1) may not authorise a person other than a constable in uniform to stop a vehicle on any road.

Textual Amendments

F3343E+W+SRegulations may make provision with respect to property detained by virtue of paragraph 2.

Textual Amendments

F335 Immobilisation and removalE+W+S

Textual Amendments

F3364(1)Regulations may provide that an authorised person may, before a goods vehicle is removed by virtue of paragraph 6—E+W+S

(a)fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

(b)move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(2)Regulations may also provide—

(a)that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device shall also fix to the vehicle a notice indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion and giving such other information as may be prescribed,

(b)that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person, and

(c)that an immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.

Textual Amendments

F3375(1)Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.E+W+S

(2)Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F3386(1)Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction.E+W+S

(2)Regulations may provide that a person may be specified in a direction only if—

(a)he is a person identified in accordance with prescribed rules, and

(b)he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements;

and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.

(3)Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

Textual Amendments

F3397(1)Regulations may make provision for informing persons who may be entitled to the property that it has been detained.E+W+S

(2)Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—

(a)the publication by an authorised person of such notices as may be prescribed, and

(b)the giving of notice by an authorised person to such persons as may be prescribed.

Textual Amendments

F340 Return or disposal of vehicleE+W+S

Textual Amendments

[F3418E+W+SRegulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.]

Textual Amendments

F341Sch. 1A para. 8 substituted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 126(2), 134(1)(c), (4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F3429(1)Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to [F343a traffic commissioner] for the return of the vehicle.E+W+S

(2)Regulations may, in particular—

(a)require notice of an application to be given to [F344a traffic commissioner] within such period as may be determined in accordance with the regulations, and

(b)require notice of an application to be made in such form as may be prescribed.

(3)Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.

(4)Those grounds may include the following grounds—

(a)that at the time the vehicle was detained the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle),

(b)that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2, or

(c)that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.

Textual Amendments

F342Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

F34510(1)Regulations shall make provision—E+W+S

(a)enabling [F346a traffic commissioner] to hold a hearing before determining an application by virtue of paragraph 9,

(b)requiring [F347a traffic commissioner] to hold a hearing if requested by a person who claims to be the owner,

(c)as to the time within which the hearing must be held, and

(d)subject to such provision as may be made by the regulations, for the hearing to be held in public.

(2)Regulations shall also provide that, if no hearing is held, [F348the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received] .

(3)Regulations shall provide that—

(a)if [F349a traffic commissioner] determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;

(b)if [F349a traffic commissioner] determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.

[F35011(1)Regulations shall provide for an appeal to the [F351Upper Tribunal] against the determination of the traffic commissioner.E+W+S

F352(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F350Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), 275(1), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I 2001/115, art. 2)

F35312E+W+SRegulations may provide that, if no application is made to [F354a traffic commissioner] in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.

Textual Amendments

F353Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

F355 Return or disposal of contents of vehicleE+W+S

Textual Amendments

F35613(1)Regulations may provide that the person specified in a direction by virtue of paragraph 6(1) may retain custody of the contents of a goods vehicle until—E+W+S

(a)the contents are returned, in accordance with the regulations, to a person who establishes that he is entitled to them, or

(b)the contents are sold or destroyed by the person specified in such manner as may be prescribed.

(2)Regulations may also make provision as to—

(a)the period within which a person who claims to be entitled to the contents may make a claim for their return,

(b)the requirements to be satisfied by a person who claims to be entitled to the contents (including requirements as to his entitlement), and

(c)the manner in which entitlement to such contents is to be determined where there is more than one claim to them.

(3)The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless—

(a)such steps as may be required by regulations made by virtue of paragraph 7(1) have been taken and no person has, before the expiry of the period referred to in sub-paragraph (2)(a), established an entitlement to the contents, or

(b)the condition of the contents requires them to be disposed of without delay.

Textual Amendments

F356Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

F357 Custody of propertyE+W+S

Textual Amendments

F35814E+W+SRegulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 6(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.

Textual Amendments

F359 Proceeds of saleE+W+S

Textual Amendments

F36015(1)Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b)—E+W+S

(a)to be applied towards meeting expenses incurred by any authorised person in exercising his functions by virtue of this Schedule, and

(b)in so far as they are not so applied, to be applied in such other manner as may be prescribed.

(2)Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—

(a)he claims after the sale of property under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b) to be or to have been its owner,

(b)the claim is made within a prescribed time of the sale, and

(c)any other prescribed conditions are fulfilled.

Textual Amendments

F360Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

F361 DisputesE+W+S

Textual Amendments

F36216(1)Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 13 or 15.E+W+S

(2)Provision made by virtue of sub-paragraph (1) may in particular provide—

(a)for an application to be made to a magistrates’ court or (in the case of an application made in Scotland) the sheriff;

(b)for a court or the sheriff to order a sum to be paid by the Secretary of State.

(3)Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) shall be made by way of summary application.

Textual Amendments

F363 Obstruction of authorised personE+W+S

Textual Amendments

F36417E+W+SRegulations may provide that a person who intentionally obstructs an authorised person in the exercise of his powers under regulations made by virtue of paragraph 2 or 6 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F365 Offences as to securing possession of propertyE+W+S

Textual Amendments

F36618(1)Regulations may provide that where—E+W+S

(a)a person makes a declaration with a view to securing the return of a goods vehicle under regulations made by virtue of paragraph 10,

(b)the declaration is that the vehicle was not being, or had not been, used in contravention of section 2, and

(c)the declaration is to the person’s knowledge either false or in any material respect misleading,

he is guilty of an offence.

(2)Regulations may provide that a person guilty of such an offence is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]

Textual Amendments

Sections 8, 9 and 26.

SCHEDULE 2E+W+S Information about, and convictions of, applicants for and holders of operators’ licences

Information to be given under section 8E+W+S

1E+W+SThe information referred to in section 8(4) is the following—

(a)such particulars as the traffic commissioner [F367dealing with the application] may require with respect to the purposes for which the vehicles referred to in the statement under section 8(3) are proposed to be used;

(b)particulars of the arrangements for securing that—

(i)Part VI of the M24Transport Act 1968 (drivers’ hours), and

(ii)the applicable Community rules, within the meaning of that Part,

will be complied with in the case of those vehicles;

(c)particulars of the arrangements for securing that those vehicles will not be overloaded;

(d)particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

(e)particulars of any relevant activities carried on, at any time before the making of the application, by any relevant person;

(f)particulars of any notifiable convictions which have occurred during the five years preceding the making of the application;

[F368(fa)particulars of any notifiable fixed penalty notices which have been issued during those five years;]

(g)particulars of the financial resources which are or are likely to be available to the applicant;

(h)where the applicant is a company, the names of the directors and officers of—

(i)the company, and

(ii)any company of which that company is a subsidiary;

(i)where the vehicles referred to in the statement under section 8(3) are proposed to be operated by the applicant in partnership with other persons, the names of those other persons.

Relevant person

2E+W+SIn this Schedule “relevant person” means any of the following persons, namely—

(a)the applicant;

(b)any company of which the applicant is or has been a director;

(c)where the applicant is a company, any person who is a director of the company;

(d)where the applicant proposes to operate the vehicles referred to in the statement under section 8(3) in partnership with other persons, any of those other persons;

(e)any company of which any such person as is mentioned in sub-paragraph (c) or (d) is or has been a director; or

(f)where the applicant is a company, any company of which the applicant is a subsidiary.

Relevant activities

3E+W+SIn paragraph 1(e) “relevant activities” means any of the following—

(a)activities in carrying on any trade or business in the course of which vehicles of any description are operated;

(b)activities as a person employed for the purposes of any such trade or business; or

(c)activities as a director of a company carrying on any such trade or business.

Notifiable convictions

4E+W+SThe following are “notifiable convictions”, namely—

(a)any conviction of a relevant person of an offence such as is mentioned in paragraph 5, and

(b)any conviction of a servant or agent of a relevant person of an offence such as is mentioned in sub-paragraph (a), (b), (d), (f), (g), (i) or (j) of that paragraph.

OffencesE+W+S

5E+W+SThe offences are—

(a)an offence under section 53 of the M25Road Traffic Act 1988 (plating certificates and goods vehicle test certificates);

(b)an offence committed in relation to a goods vehicle consisting in the contravention of any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)limits of speed and weight laden and unladen, and the loading of goods vehicles; or

(iii)the licensing of drivers;

(c)an offence under—

(i)this Act;

(ii)Part V of the M26Transport Act 1968 or section 233 or 235 of the M27Road Traffic Act 1960 so far as applicable (by virtue of Schedule 10 to the 1968 Act) to licences or means of identification under that Part;

(iii)regulation 33(2) or (3) of the M28Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or

(iv)any regulation made under this Act or the M29Transport Act 1968 which is prescribed for the purposes of this paragraph;

(d)an offence under, or of conspiracy to contravene, Part VI of the Transport Act 1968 (drivers’ hours) committed in relation to a goods vehicle;

(e)an offence under, or of conspiracy to contravene, section 13 of the M30Hydrocarbon Oil Duties Act 1979 (unlawful use of rebated fuel oil) committed in relation to a goods vehicle;

(f)an offence under section 173 or 174 of the M31Road Traffic Act 1988 (forgery, false statements and withholding of information) committed in relation to an international road haulage permit within the meaning of that Act;

(g)an offence under [F369section 8 of the Haulage Permits and Trailer Registration Act 2018 (offences relating to international road transport permits)] ;

(h)an offence under section 74 of the M32Road Traffic Act 1988 (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

(i)an offence under—

(i)section 3 of the M33Control of Pollution Act 1974;

(ii)section 2 of the M34Refuse Disposal (Amenity) Act 1978;

(iii)section 1 of the M35 Control of Pollution (Amendment) Act 1989; or

(iv)section 33 of the M36Environmental Protection Act 1990;

[F370(ia)an offence under [F371regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007[F371regulation 38(1) or (2) of [F372the Environmental Permitting (England and Wales) Regulations 2010] [F372the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)]]] committed in relation to a waste operation (within the meaning of those Regulations).]

(j)an offence committed in relation to a goods vehicle consisting in the contravention of—

(i)any provision (however expressed) prohibiting or restricting the waiting of vehicles which is contained in an order made under section 1, 6, 9 or 12 of the M37Road Traffic Regulation Act 1984, including any such order made by virtue of paragraph 3 of Schedule 9 to that Act (local authority powers to be exercisable also by Secretary of State); or

(ii)any provision which is contained in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of section 2(4) of that Act (lorry routes).

Repealed enactmentsE+W+S

6(1)In paragraph 5 any reference to an offence under a provision of the M38Road Traffic Act 1988 includes a reference to an offence under any corresponding provision of the M39Road Traffic Act 1972 repealed by the M40Road Traffic (Consequential Provisions) Act 1988.E+W+S

(2)In paragraph 5(j)—

(a)the reference to a provision contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984 includes a reference to a provision contained in an order made under any enactment repealed by the 1984 Act and re-enacted by any of those sections, including any such order made by virtue of section 84A(2) of the M41Road Traffic Regulation Act 1967; and

(b)the reference to a provision contained in a traffic regulation order by virtue of section 2(4) of the 1984 Act includes a reference to a provision included in such an order by virtue of section 1(3AA) of the 1967 Act.

Notifiable fixed penalty noticesE+W+S

[F3737In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—

(a)issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or

(b)issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).]

Textual Amendments

F373 Sch. 2 para. 7 inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(7), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

Sections [F3743A, 8,] [F37513A] and 27.

SCHEDULE 3E+W+S Qualifications for standard licence

Textual Amendments

Modifications etc. (not altering text)

C32Sch. 3 modified by S.I. 1995/2869, reg. 29(12) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(e))

[F376Effective and stable establishmentE+W+S

A1.(1)A person has an effective and stable establishment in Great Britain under section 13A(2)(a) if the person satisfies, or will satisfy on the issuing of an operator’s licence, the requirements set out in sub-paragraph (2).E+W+S

(2)The requirements are that the person—

(a)has premises in Great Britain at which the person—

(i)is able to access, in electronic or any other form, the originals of the person’s core business documents, and

(ii)carries out effectively and continuously, with appropriate equipment and facilities, the administration of the person’s transport service,

(b)has access to one or more goods vehicles that are authorised to be used under the person’s operator’s licence,

(c)has at a place or places in Great Britain—

(i)a number of goods vehicles referred to in paragraph (b) that is proportionate to the national or international transport operations carried out from each place, and

(ii)a number of drivers that is proportionate to the number of goods vehicles operating from that place,

(d)has, if required under the Value Added Tax Act 1994 to charge value added tax on the supply of the person’s transport service, a VAT registration number,

(e)is within the charge to income tax or corporation tax under the Tax Acts on income generated through the person’s transport service, and

(f)is, if a company, a company within the meaning given in section 1(1) of the Companies Act 2006.

(3)In sub-paragraph (2)—

  • core business documents” includes—

    (a)

    contracts relating to the transport service;

    (b)

    documents relating to the goods vehicles authorised to be used under the person’s operator’s licence;

    (c)

    accounting documents;

    (d)

    personnel management documents;

    (e)

    employment contracts;

    (f)

    national insurance documents;

    (g)

    documents containing data—

    (i)

    on the dispatching and posting of drivers, and

    (ii)

    relating to journeys, driving time and rest periods;

    (h)

    any other document that a traffic commissioner may require to verify a person’s compliance with any requirement or obligation imposed by or under this Act;

  • VAT registration number” means the number allocated by the Commissioners for Her Majesty’s Revenue and Customs to a person registered under the Value Added Tax Act 1994.]

Good reputeE+W+S

1(1)In determining whether an individual is of good repute, a traffic commissioner may have regard to any matter but shall, in particular, have regard to—E+W+S

(a)any relevant convictions of the individual or of his servants or agents; and

(b)any other information in his possession which appears to him to relate to the individual’s fitness to hold a licence.

(2)In determining whether a company is of good repute, a traffic commissioner shall have regard to all the material evidence including, in particular—

(a)any relevant convictions of the company or of any of its officers, servants or agents; and

(b)any other information in his possession as to the previous conduct of—

(i)any of the company’s officers, servants or agents, or

(ii)any of its directors, in whatever capacity,

if that conduct appears to him to relate to the company’s fitness to hold a licence.

(3)For the purposes of this paragraph, the relevant convictions of any person are—

(a)any conviction of that person of an offence such as is mentioned in paragraph 5 of Schedule 2;

(b)any conviction of that person of an offence under the law of Northern Ireland or of the law of any country or territory outside the United Kingdom corresponding to an offence such as is mentioned in that paragraph;

(c)any conviction of that person of a serious offence within the meaning given in paragraph 3; and

(d)any conviction of that person of a road transport offence within the meaning given in paragraph 4.

[F377(4)For the purposes of determining in accordance with paragraph 14A whether a transport manager is of good repute, the reference in sub-paragraph (1)(a) to servants or agents is to be disregarded.]

[F3782E+W+SWithout prejudice to the generality of a traffic commissioner’s power under paragraph 1 to determine that a person is not of good repute, a commissioner shall determine that an individual is not of good repute if that individual has—

(a)more than one conviction of a serious offence; or

(b)been convicted of road transport offences.]

Textual Amendments

F378Sch 3. para. 2 substituted (1.10.1999) by S.I. 1999/2430, reg. 2(1)

3(1)A person has a conviction of a “serious offence” if—E+W+S

(a)he has been convicted of any offence under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom, and

(b)on such conviction there was imposed on him for that offence a punishment falling within sub-paragraph (2).

(2)The punishments are—

(a)a sentence of imprisonment for a term exceeding three months;

(b)a fine exceeding level 4 on the standard scale;

(c)a [F379community order] requiring him to perform work for more than 60 hours [F380or a community payback order requiring him to undertake unpaid work, or unpaid work and other activity, for more than 60 hours]; and

(d)in the case of an offence committed under the law of a country or territory outside the United Kingdom, any punishment corresponding to those mentioned in paragraphs (a) to (c).

(3)In sub-paragraph (2)—

(a)the reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health; F381...

[F382(b)community order” means a community order under section 177 of the Criminal Justice Act 2003 [F383or Chapter 2 of Part 9 of the Sentencing Code], a community punishment order made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community service order under the Community Service by Offenders (Scotland) Act 1978] [F384; and

(c)“community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement.]

Textual Amendments

F379Words in Sch. 3 para. 3(2)(c) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 68(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(28) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F382Sch. 3 para. 3(3)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 68(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(28) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F383Words in Sch. 3 para. 3(3)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 131 (with Sch. 27); S.I. 2020/1236, reg. 2

[F3854E+W+S“Road transport offence” means—

(a)an offence under the law of any part of the United Kingdom relating to road transport including, in particular—

(i)an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and

(ii)any other offence concerning professional liability; or

(b)any corresponding offence under the law of a country or territory outside the United Kingdom.]

Textual Amendments

F385Sch. 3 para. 4 substituted (1.10.1999) by S.I. 1999/2430, reg. 2(2)

5[F386(1)In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph.E+W+S

(1A)In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act.

(1B)In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act.]

(2)For the purposes of [F387determining under this Act whether a person is of good repute,]

(a)convictions which are spent for the purposes of the M42Rehabilitation of Offenders Act 1974 shall be disregarded; and

(b)a traffic commissioner may also disregard an offence [F388if—

(i)such time as the commissioner thinks appropriate has elapsed since the date of the conviction, or

(ii)the commissioner, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response].

Textual Amendments

F386Sch. 3 para. 5(1)-(1B) substituted for Sch. 3 para. 5(1) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 131; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C33Sch. 3 para. 5(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(a)

C34Sch. 3 para. 5(1A) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(b)

Marginal Citations

Appropriate financial standingE+W+S

F3896E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3906A.(1)An operator has appropriate financial standing under section 13A(2)(c) if the operator is able to demonstrate that it has at its disposal at all times capital and reserves—E+W+S

(a)for goods vehicles authorised to be used under a heavy goods vehicle licence, of—

(i)£8,000 for the first heavy goods vehicle,

(ii)£4,500 for each additional heavy goods vehicle and

(iii)£800 for each light goods vehicle (if any), or

(b)for goods vehicles authorised to be used under a light goods vehicle licence, of—

(i)£1,600 for the first light goods vehicle, and

(ii)£800 for each additional light goods vehicle.

(2)The operator must demonstrate appropriate financial standing—

(a)on the basis of the operator’s annual accounts if certified by a qualified auditor, or

(b)by producing other evidence to the satisfaction of a traffic commissioner that the operator has, in the name of the operator, the necessary capital and reserves, such as—

(i)a bank guarantee,

(ii)a document issued by a financial institution establishing access to credit, or

(iii)any other binding document.

(3)In this paragraph—

  • operator” means an applicant for, or a holder of, an operator’s licence in relation to which appropriate financial standing is required under section 13A(2)(c);

  • qualified auditor” means a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.]

Professional competenceE+W+S

F3917E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3918E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3919E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39210E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39311E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39412E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13(1)An individual shall be regarded as professionally competent if, and only if—E+W+S

(a)he has demonstrated that he possesses the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or

(b)he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.

[F395(1A)The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.]

[F396(2)The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to [F397the 2009 Regulation].

(2A)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [F398Annex 3 to that Regulation and must have security features in compliance with Annex 2 to that Regulation].]

(3)In sub-paragraph (1)—

  • approved body” means—

    (a)

    a body approved by the Secretary of State for the purposes of that sub-paragraph; [F399or]

    (b)

    a body approved by the [F400department in Northern Ireland that, by order made under the Departments (Northern Ireland) Order 1999, is responsible for exercising the functions of a department under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010] ; [F401and]

    (c)

    F402...

  • [F403“the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to [F404that Regulation] in the subjects there listed.]

Textual Amendments

F396Sch. 3 para. 13(2)(2A) substituted (1.10.1999) for para. 13(2) by S.I. 1999/2430, reg. 4(1) (with saving in reg. 5(3)(4))

F403Definition in Sch. 3 para. 13(3) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(b)(with savings in reg. 5(3)(4))

Modifications etc. (not altering text)

C35Sch. 3 para. 13 modified (1.10.1999) by S.I. 1999/2430, reg. 5(4)

F40514E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F405Sch.3 para. 14 repealed and superseded (1.10.1999) by S.I. 1999/2430, reg. 5(5)

[F406Requirements for a transport managerE+W+S

14A.(1)A transport manager must be—E+W+S

(a)a resident of the United Kingdom,

(b)of good repute (as determined in accordance with paragraphs 1 to 5),

(c)professionally competent (as determined in accordance with paragraph 13), and

(d)able to manage effectively and continuously the operator’s transport service.

(2)An individual designated under section 13A(3)(a)(ii), in addition to meeting the requirements set out in sub-paragraph (1), must be—

(a)the operator,

(b)an employee, director, owner, or shareholder of the operator, or

(c)any other individual a traffic commissioner is satisfied has a genuine link to the operator.

(3)An individual designated under section 13A(3)(b), in addition to meeting the requirements set out in sub-paragraph (1), must—

(a)be a party to a transport management contract linking the individual to the operator,

(b)be able to—

(i)exercise the individual’s responsibilities as a transport manager independently of the operator, and

(ii)perform the tasks set out in the transport management contract solely in the interests of the operator, and

(c)not be, subject to sub-paragraph (4), at the same time designated under—

(i)section 13A(3)(a)(ii) or (b) in relation to any other operator’s licence, or

(ii)any corresponding law of Northern Ireland in relation to a Northern Ireland-issued licence.

(4)A traffic commissioner may, if the commissioner considers it appropriate, allow an individual to be designated in relation to an operator’s licence despite sub-paragraph (3)(c) provided the individual is designated in relation to no more than four operators’ licences and Northern Ireland-issued licences authorising the use of a combined total fleet of no more than 50 motor vehicles or vehicle combinations.

(5)In this paragraph—

  • Northern Ireland-issued licence” means a licence issued under the law of Northern Ireland that is equivalent to an operator’s licence;

  • the operator” means the person who designated the individual under section 13A(3)(a)(ii) or (b);

  • transport management contract” means a contract that—

    (a)

    indicates the individual’s responsibilities as a transport manager, and

    (b)

    specifies the tasks the individual is to perform as a transport manager for the operator, including those relating to—

    (i)

    vehicle maintenance,

    (ii)

    vehicle management,

    (iii)

    verification of contracts and documents relating to the transport service;

    (iv)

    basic accounting,

    (v)

    the assignment of drivers and vehicles to transport services, and

    (vi)

    the verification of safety procedures.]

Transport manager to be notified of proceedingsE+W+S

15(1)A traffic commissioner shall not in any proceedings under this Act [F407or under the 2009 Regulation] make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice—E+W+S

(a)stating that the question whether he is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

(b)setting out the nature of the allegations against him; F408...

(c)stating that he is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on him [F409and

(d)stating that he is entitled to request an inquiry as provided in section 35]

(2)Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations—

(a)in considering [F410whether or not an inquiry should be held] as provided in section 35; and

(b)in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

[F411(2A)[F412A traffic commissioner] must hold an inquiry as provided in section 35 if the transport manager requests one under sub-paragraph (1)(d)]

(3)A notice shall be deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

[F413Determinations in respect of transport managersE+W+S

Textual Amendments

F413Sch. 3 para 16-17 and cross-headings inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(7) (with Sch. 3 Pt. 2)

16.(1)In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must [F414, in accordance with paragraph 5(2) (if applicable),] consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.E+W+S

(2)If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.

(3)While a disqualification under sub-paragraph (2) is in force—

(a)the person may not act as transport manager [F415in relation to any operator’s licence];

F416(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order.

(5)The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.

(6)If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.

Transport managers: cancellation or variation of disqualification orderE+W+S

17.(1)[F417A traffic commissioner may, subject to [F418sub-paragraphs (1A) and] (2), at any time cancel a disqualification order made under paragraph 16(2)] or, with the consent of the disqualified person, vary the order.E+W+S

[F419(1A)If the disqualification order was made because a traffic commissioner determined that the disqualified person ceased to be of good repute, the order may be cancelled—

(a)not before the end of the period of one year beginning with the day on which the order was made, and

(b)only if the disqualified person has, after the order was made—

(i)passed the written examination referred to in paragraph 13(1)(a), or

(ii)for no less than three months undertaken training a traffic commissioner considers appropriate.]

(2)The traffic commissioner by whom a disqualification order is made under paragraph 16(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

(3)Measures specified under sub-paragraph (2) may be varied by the traffic commissioner [F420who made the order or another traffic commissioner]

(a)on the application of the disqualified person, or

[F421(b)at the instigation of the traffic commissioner.]

(4)Before [F422a variation is made under sub-paragraph (3)(b), a notice must be served] on the disqualified person—

(a)stating [F423an intention] to vary the measures specified under sub-paragraph (2);

(b)stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and

(c)stating that the person is entitled to request an inquiry as provided in section 35.

(5)Where a person makes representations under this sub-paragraph, the traffic commissioner [F424dealing with the matter] must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2).

(6)The traffic commissioner must hold an inquiry as provided in section 35 if the disqualified person requests one under sub-paragraph (4)(c).

(7)A notice shall be deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.]

Textual Amendments

Section 33.

SCHEDULE 4E+W+S Transfer of operating centres

Modifications etc. (not altering text)

C36Sch. 4 excluded by 2006 c. 12, s. 16E(4) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))

Transfers in connection with new licencesE+W+S

1(1)Where in the case of any application for [F425a heavy goods vehicle] licence—E+W+S

(a)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(b)the applicant so requests,

the traffic commissioner may direct that paragraph 2 is to apply in relation to the application.

(2)Each place referred to in the statement under section 8(3) as a proposed operating centre of the applicant must already be specified in [F426a heavy goods vehicle] licence as an operating centre of its holder.

(3)That licence must be the same in the case of each such place, and no such place may be specified in more than the one [F427heavy goods vehicle] licence.

(4)Where any conditions under section 21 or 23 relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying for.

(5)Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6)In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7)A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F428a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in [F428a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F429a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8)In this paragraph “[F430heavy goods vehicle] licence” does not include an interim licence issued under section 24.

2(1)The provisions of this paragraph have effect in relation to any application for [F431a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 1.E+W+S

(2)The notice published under section 10(1) shall state that the direction has been given.

(3)The following provisions of this Act shall not apply—

  • section 11;

  • section 12(1)(b) and (4);

  • [F432section 13C(5)] so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;

  • section 14; and

  • section 15(3)(f).

(4)Notwithstanding anything in [F433section 13(6)] the traffic commissioner may refuse the application if—

(a)any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to his knowledge or not; or

(b)any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.

(5)If the application is granted, the traffic commissioner—

(a)shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b)shall not attach any other conditions to the licence under section 21 or 23.

(6)If the application is granted, the traffic commissioner shall record in the licence—

(a)any undertakings given or procured to be given under paragraph 1(5); and

(b)any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the traffic commissioner considers to be material to his decision to give the direction (and that would not otherwise be required by section 15(4) to be recorded in the licence).

Transfers in connection with the variation of licencesE+W+S

3(1)Where in the case of an application for the variation of [F434a heavy goods vehicle] licence under section 17—E+W+S

(a)the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,

(b)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(c)the applicant so requests,

the traffic commissioner may direct that paragraph 4 is to apply in relation to the application.

(2)Each new place that is proposed to be specified in the licence must already be specified in another [F435heavy goods vehicle] licence as an operating centre of its holder.

(3)That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other [F436heavy goods vehicle] licence.

(4)Where any conditions under section 21 or 23 relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied.

(5)Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6)In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7)A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F437a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in [F437a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F438a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8)In this paragraph “[F439heavy goods vehicle] licence” does not include an interim licence issued under section 24.

4(1)The provisions of this paragraph have effect in relation to any application for the variation of [F440a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 3.E+W+S

(2)Sections 17(3) and 18 shall not apply.

(3)If the application is granted, the traffic commissioner—

(a)shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and

(b)shall not attach any other conditions to the licence under section 21 or 23.

(4)If the application is granted, the traffic commissioner shall record in the licence as varied—

(a)any undertakings given or procured to be given under paragraph 3(5); and

(b)any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 3, that the traffic commissioner considers to be material to his decision to give the direction.

[F4415.E+W+SIn this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.]

Prospective

Section 50.

SCHEDULE 5E+W+S Large Goods Vehicles

Meaning of “large goods vehicle”E+W+S

1(1)For the purposes of this Schedule, a large goods vehicle is a goods vehicle, other than a hauling vehicle, falling within any of sub-paragraphs (2) to (4).E+W+S

(2)A goods vehicle falls within this sub-paragraph if—

(a)it has a relevant plated weight exceeding 16260 kilograms, or

(b)in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight exceeding 5080 kilograms.

(3)A goods vehicle falls within this sub-paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that—

(a)in a case where all the vehicles comprised in the combination, or all of those vehicles except any small trailer, have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination, exclusive of any such trailer, exceeds 16260 kilograms, or

(b)in any other case, the aggregate of the unladen weights of the vehicles comprised in it, exclusive of any small trailer, exceeds 5080 kilograms;

and in this sub-paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

(4)A goods vehicle falls within this sub-paragraph if it forms part of an articulated combination which is such that—

(a)in a case where the trailer comprised in the combination has a relevant plated weight, the aggregate of—

(i)the unladen weight of the motor vehicle comprised in the combination, and

(ii)the relevant plated weight of that trailer,

exceeds 16260 kilograms, or

(b)in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds 5080 kilograms.

(5)In any provision of sub-paragraphs (2) to (4) “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations.

(6)In sub-paragraph (1) “hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination; and in this sub-paragraph “motor tractor”, “light locomotive” and “heavy locomotive” have the same meaning as in the M43Road Traffic Act 1960.

Marginal Citations

Consignment notesE+W+S

2(1)Subject to sub-paragraph (2), no goods shall be carried on a large goods vehicle unless a document (a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.E+W+S

(2)Sub-paragraph (1) shall not apply—

(a)to the carriage of goods on any journey or on a vehicle of any class exempted from that sub-paragraph by regulations; or

(b)to any carriage of goods which is lawful without the authority of an operator’s licence.

(3)Subject to the provisions of regulations, a traffic commissioner may dispense with the observance, as respects the carriage of goods under an operator’s licence F442..., of any requirement of sub-paragraph (1), where he is satisfied that it is not reasonably practicable for that requirement to be observed.

(4)Such a dispensation may be granted—

(a)generally;

(b)as respects a particular vehicle; or

(c)as respects the use of vehicles for a particular purpose.

(5)The consignment note relating to the goods carried on a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle for carrying the goods on that journey.

(6)Any person who—

(a)uses or drives a vehicle in contravention of sub-paragraph (1), or

(b)fails to comply with sub-paragraph (5),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers of entry and inspectionE+W+S

3(1)An officer may require any person to produce and permit him to inspect and copy—E+W+S

(a)any document which is required by or under paragraph 2 to be carried by that person as driver of a vehicle; or

(b)any document which that person is required by or under that paragraph to preserve;

and that document shall, if the officer so requires by notice in writing served on that person, be produced [F443to a traffic commissioner at an office] specified in the notice within such time (not being less than 10 days) from the service of the notice as may be so specified.

(2)An officer may at any time enter any large goods vehicle and inspect that vehicle and any goods carried on it.

(3)Where an officer has reason to believe—

(a)that a large goods vehicle is being kept on any premises, or

(b)that any such documents as are mentioned in sub-paragraph (1) are to be found on any premises,

he may, at any time which is reasonable having regard to the circumstances of the case, enter those premises and inspect any such vehicle, and inspect and copy any such document, which he finds there.

(4)For the purpose of exercising his powers under sub-paragraph (1)(a) or (2), an officer may detain the vehicle in question during such time as is required for the exercise of that power.

(5)The powers conferred by sub-paragraphs (1) to (4) are exercisable on production by the officer, if so required, of his authority.

(6)Any person who—

(a)fails to comply with any requirement under sub-paragraph (1), or

(b)obstructs any officer in the exercise of his powers under sub-paragraph (2), (3) or (4),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)In this paragraph “officer” has meaning given in section 42(1) (as amended by paragraph 5 below).

(8)The powers conferred by this paragraph on an officer shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.

Falsification of consignment notes and recordsE+W+S

4(1)Any person who—E+W+S

(a)makes, or causes to be made, any document required to be made under paragraph 2 which he knows to be false, or

(b)with intent to deceive, alters or causes to be altered any document required to be made under that paragraph,

is guilty of an offence.

(2)A person guilty of an offence under sub-paragraph (1) is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Amendment of sections 38, 41 and 42 of this ActE+W+S

5(1)The following amendments shall take effect on the day appointed for the coming into force of paragraph 3, namely, in sections 38(2)(c) and 42(1)(b), after the words “sections 40 and 41” there shall be inserted the words “ and paragraph 3 of Schedule 5 ”.E+W+S

(2)The following amendments shall take effect on the day appointed for the coming into force of paragraph 4, namely, in section 41(1) and (2)(b), after the words “section 38 or 39” there shall be inserted the words “ or paragraph 4(1) of Schedule 5 ”.

Section 59.

SCHEDULE 6E+W+S Transitional provisions, transitory modifications and savings

General transitional provisionsE+W+S

1E+W+SThe substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.

Prospective

2E+W+SIn so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.

3E+W+SAny reference (express or implied) in this Act or any other enactment, instrument or document to—

(a)any provision of this Act, or

(b)things done or falling to be done under or for the purposes of any provision of this Act,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

4E+W+SAny reference (express or implied) in any enactment, instrument or document to—

(a)a provision repealed or revoked by this Act, or

(b)things done or falling to be done under or for the purposes of such a provision,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

5E+W+SParagraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the M44Interpretation Act 1978 (but without prejudice to any other provision of that Act).

Marginal Citations

Meaning of “local authority” in relation to Scotland or WalesE+W+S

F4446E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “holding company” and “subsidiary”E+W+S

7E+W+SFor the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the M45Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the M46Companies Act 1985 as originally enacted.

Marginal Citations

[F445Provisions relating to the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022E+W+S

F4468.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.E+W+SFor the purposes of this Act, beginning with [F44717th March 2022]

(a)any application for an operator’s licence made to a traffic commissioner under section 8 before [F44817th March 2022] is to be treated by the commissioner as an application for a heavy goods vehicle licence;

(b)any objection to, or representations against, the grant of an application for an operator’s licence made to a traffic commissioner under section 12 before [F44817th March 2022] is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a heavy goods vehicle licence;

(c)an operator’s licence issued under section 15 before [F44817th March 2022] is to be treated as a heavy goods vehicle licence;

(d)any application for a variation of an operator’s licence made to a traffic commissioner under section 17 before [F44817th March 2022] is to be treated by the commissioner as an application for a variation of a heavy goods vehicle licence;

(e)any objection to, or representations against, the grant of an application for a variation of an operator’s licence made to a traffic commissioner under section 19 before [F44817th March 2022] is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a variation of a heavy goods vehicle licence;

(f)any request for an interim operator’s licence made under section 24 before [F44817th March 2022] is to be treated as a request for an interim heavy goods vehicle licence;

(g)any interim operator’s licence issued under section 24 before [F44817th March 2022] is to be treated as an interim heavy goods vehicle licence.

10.E+W+SFor the purposes of this Act F449..., an individual who before [F45017th March 2022] was designated a transport manager under section 13A(3)—

(a)in accordance with Article 4(1) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(a)(ii) F451..., or

(b)in accordance with Article 4(2) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(b) F452....

11.E+W+SParagraphs 12 to 18 apply for the purposes of applying for, or holding, a light goods vehicle licence.

12.E+W+SThe Secretary of State may exempt an individual until the end of 20th May 2025 from the requirement under section 13A(3)(a)(i) or paragraph 14A(1)(c) of Schedule 3 to be professionally competent if the Secretary of State is satisfied that the individual had, for ten years or more ending with 20th August 2020, continuously managed national or international transport operations as, for or on behalf of an undertaking that used only light goods vehicles.

13.E+W+SAn individual, or a person acting on behalf of an individual, may, on or before 20th May 2024, apply to the Secretary of State for an exemption.

14.E+W+SAn individual (or person) who applies for an exemption must provide the Secretary of State with the information necessary for the Secretary of State to verify the individual’s management experience.

15.E+W+SThe Secretary of State may, beginning with the day after the day on which the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 were made, treat as an application any information submitted to the Secretary of State by an individual, or a person acting on behalf of an individual, before that day.

16.E+W+SIf the Secretary of State decides not to grant an exemption—

(a)the applicant may appeal the decision to a traffic commissioner within 28 days beginning with the day after the date the decision is made, and

(b)the traffic commissioner must, within 56 days beginning with the day after the date the appeal is made, confirm or reverse the decision.

17.E+W+SA traffic commissioner may consider as part of deciding an appeal any relevant information not provided by the applicant to the Secretary of State.

18.E+W+SDespite paragraph 13 of Schedule 3, a traffic commissioner must regard as professionally competent until the end of 20th May 2025 any individual who is granted an exemption—

(a)by the Secretary of State, or

(b)following the reversal by a traffic commissioner of a decision by the Secretary of State not to grant an exemption.

19.E+W+SParagraphs 11 to 18 and this paragraph expire at the end of 20th May 2025.]

Section 60(1).

SCHEDULE 7E+W+S Consequential amendments

The Road Traffic Act 1960 (c. 16)E+W+S

1E+W+SIn section 232 of the Road Traffic Act 1960 (duty to give information as to identity of driver), for subsection (1)(b) there shall be substituted—

(b)to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995;.

F4532E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Transport Act 1968 (c. 73)E+W+S

3E+W+SIn section 51 of the Transport Act 1968 (subsidiaries and joint subsidiaries), in subsection (5), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.

F4544E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)E+W+S

5(1)In section 4 of the Road Traffic (Foreign Vehicles) Act 1972 (duty to produce certain documents), in subsection (1)—E+W+S

(a)in paragraph (a), for the words “section 91(4) of the Transport Act 1968” there shall be substituted the words “ section 57(6) of the Goods Vehicles (Licensing of Operators) Act 1995 ”; and

(b)in paragraph (b), for the words “section 60(1)” there shall be substituted the words “ section 2(1) ”.

6E+W+SIn Schedule 2 to that Act (provisions relating to vehicles and their drivers), in the first column—

(a)for the words “Section 60 of the Transport Act 1968” there shall be substituted the words “ Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 ”; and

(b)for the words “section 91(1)(c) of the Transport Act 1968” there shall be substituted the words “ section 57(2)(d) of the Goods Vehicles (Licensing of Operators) Act 1995 ”.

International Road Haulage Permits Act 1975 (c. 46)U.K.

7U.K.In section 1 of the International Road Haulage Permits Act 1975 (duty to carry and produce international road haulage permits), in subsection (8), for the words “Part V of the Transport Act 1968” there shall be substituted the words “ the Goods Vehicles (Licensing of Operators) Act 1995 ”.

Transport Act 1982 (c. 49)E+W+S

8E+W+SIn section 8 of the Transport Act 1982 (private-sector vehicle testing), in subsection (2)(a), after “1968” there shall be inserted the words “ or the Goods Vehicles (Licensing of Operators) Act 1995 ”.

London Regional Transport Act 1984 (c. 32)E+W

9E+WIn section 62 of the London Regional Transport Act 1984 (joint subsidiaries), in subsection (3)(a), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.

Transport Act 1985 (c. 67)E+W+S

10E+W+SIn Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in paragraph 9(1), the words “Part V of the 1968 Act,” shall be omitted and after the words “the 1981 Act” there shall be inserted the words “ , the Goods Vehicles (Licensing of Operators) Act 1995 ”.

Road Traffic Act 1988 (c. 52)E+W+S

11E+W+SIn section 66A of the Road Traffic Act 1988 (appointment of examiners), in subsection (1), after the words “this Part of this Act,” there shall be inserted the words “ the Goods Vehicles (Licensing of Operators) Act 1995, ”.

12(1)In section 73 of that Act (provisions supplementary to sections 69 to 72), in subsection (1)—E+W+S

(a)for the words “an authorised vehicle” there shall be substituted the words “ , by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence, ”; and

(b)in paragraph (a), for the words “the operator’s licence was granted for the vehicle” there shall be substituted the words “ the licence was issued ”.

(2)In that section, after subsection (1), there shall be inserted—

(1ZA)Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators’ licences—

(a)if those licences were issued by different traffic commissioners, his duty under paragraph (a) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those commissioners,

(b)if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and

(c)if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others..

(3)In subsection (4) of that section, for the words from “and section 72” to “Transport Act 1968” there shall be substituted the words “ ”operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995 ”.

F45513E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45614E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 60(2).

SCHEDULE 8U.K. Repeals and revocations

Part IU.K. Enactments repealed

ChapterShort titleExtent of repeal
8 & 9 Eliz. 2 c. 16.The Road Traffic Act 1960.

Section 233.

Section 235.

In section 244, the words from “under section 233” to the second occurrence of the words “or an offence”.

Section 263.

Section 265.

1968 c. 73.The Transport Act 1968.

Part V.

In section 158(1), the words “other than Part V”.

Schedule 8A.

Schedule 10.

1973 c. 65.The Local Government (Scotland) Act 1973.In Schedule 18, paragraph 18.
1974 c. 50.The Road Traffic Act 1974.

Section 16.

Schedule 4.

1975 c. 46.The International Road Haulage Permits Act 1975.Section 3.
1976 c. 3.The Road Traffic (Drivers’ Ages and Hours of Work) Act 1976.Section 2(2).
1979 c. 5.The Hydrocarbon Oil Duties Act 1979.In Schedule 6, paragraph 2.
1980 c. 34.The Transport Act 1980.

Section 66(2).

In Schedule 4, the entry relating to section 235 of the Road Traffic Act 1960.

1981 c. 14.The Public Passenger Vehicles Act 1981.In Schedule 7, paragraph 9.
1981 c. 45.The Forgery and Counterfeiting Act 1981.In section 12, the words “section 233(2) of the Road Traffic Act 1960, and”.
1982 c. 49.The Transport Act 1982.

Section 52.

Section 76(5).

Schedule 4.

In Schedule 5, paragraph 6.

1984 c. 27.The Road Traffic Regulation Act 1984.In Schedule 13, paragraph 6.
1985 c. 9.The Companies Consolidation (Consequential Provisions) Act 1985.In Schedule 2, the entries relating to sections 69(11) and 92(1) of the Transport Act 1968.
1985 c. 65.The Insolvency Act 1985.In Schedule 8, paragraph 16.
1985 c. 67.The Transport Act 1985.

Section 3(4).

In Schedule 4, in paragraph 9(1), the words “Part V of the 1968 Act”.

1988 c. 52.The Road Traffic Act 1988.

In section 85, the definition of “licensing authority”.

In section 86, the entry relating to the expression “licensing authority”.

1988 c. 54.The Road Traffic (Consequential Provisions) Act 1988.In Schedule 3, paragraphs 2(1) and 6(1), (2) and (4).
1989 c. 40.The Companies Act 1989.In Schedule 18, paragraph 7.
1990 c. 11.The Planning (Consequential Provisions) Act 1990.In Schedule 2, paragraph 22(1).
1990 c. 43.The Environmental Protection Act 1990.In Schedule 15, paragraph 10(2).
1991 c. 40.The Road Traffic Act 1991.In Schedule 4, paragraph 1.
1992 c. 52.The Trade Union and Labour Relations (Consolidation) Act 1992.In Schedule 2, paragraph 2.
1994 c. 39.The Local Government etc. (Scotland) Act 1994.In Schedule 13, paragraph 80(8).
1994 c. 40.The Deregulation and Contracting Out Act 1994.

Chapter III of Part I.

Schedule 12.

Schedule 13.

Part IIE+W+S Subordinate legislation revoked

Year and numberTitleExtent of Revocation
S.I. 1981/1373.The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) Regulations 1981.Regulation 4(1) and in the Schedule, Part IIIA.
S.I. 1984/176.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984.

Regulations 4 to 9.

Regulation 23A.

Regulation 33(2) and (3).

Regulation 34A.

Regulation 36.

Schedule 6.

S.I. 1984/177.The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) (Amendment) Regulations 1984.Both Regulations.
S.I. 1986/666.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1986.Regulations 3, 8 and 10.
S.I. 1987/841.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1987.Regulation 5.
S.I. 1990/1849.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1990.Regulations 2(3), 4, 6 and 7.
S.I. 1990/2640.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1990.Regulation 4.
S.I. 1991/2239.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1991.Regulations 4 and 7.
S.I. 1992/2319.The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1992.Regulation 4.
S.I. 1992/3077.The Goods Vehicles (Community Authorisations) Regulations 1992.Regulation 14.

TABLE OF DERIVATIONSE+W+S

Notes:E+W+S

1This Table shows the derivation of the provisions of the Act.

2E+W+SThe following abbreviations are used in the Table:—

Acts of Parliament

1960= The Road Traffic Act 1960 (c. 16)
1968= The Transport Act 1968 (c. 73)
1974= The Transport Act 1974 (c. 50)
1982= The Transport Act 1982 (c. 49)
1988= The Road Traffic (Consequential Provisions) Act 1988 (c. 54)
1994= The Deregulation and Contracting Out Act 1994 (c. 40)

Subordinate legislation

S.I. 1981/1373= The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) Regulations 1981.
S.I. 1984/176= The Goods Vehicles (Operators’ Licences, Qualification and Fees) Regulations 1984
S.I. 1984/177= The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) (Amendment) Regulations 1984.
S.I. 1986/666= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1986.
S.I. 1986/1391= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1986.
S.I. 1987/841= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1987.
S.I. 1990/1849= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1990.
S.I. 1990/2640= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1990.
S.I. 1991/2239= The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1991.
S.I. 1992/3077= The Goods Vehicles (Community Authorisations) Regulations 1992.

3E+W+SThe Table does not separately acknowledge the provisions in the Magistrates’ Courts Act 1980 (c.43), the Criminal Justice Act 1982 (c.48) and the Criminal Procedure (Scotland) Act 1975 (c.21) by virtue of which the fines which may be imposed on conviction of the offences consolidated were increased and references to the amount of the maximum fines to which persons are liable in respect of the offences were translated into levels on the standard scale.

4E+W+SThe functions originally vested in the Minister of Transport by the Transport Act 1968 have become vested in the Secretary of State by virtue of the following transfer of functions orders: the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), the Secretary of State for Transport Order 1976 (S.I. 1976/1775), the Minister of Transport Order 1979 (S.I. 1979/571) and the Transfer of Functions (Transport) Order 1981 (S.I. 1981/238). The Table does not separately acknowledge the effect of those Orders.

ProvisionDerivation
1(1)1968 s.59(1); Transport Act 1985 (c.67) s.3(4).
(2)1968 s.59(2).
2(1)1968 s.60(1).
(2)1968 s.60(2); S.I. 1992/3077 reg.14(2).
(3)1968 s.60(4A); S.I. 1992/3077 reg.14(3).
(4)1968 s.60(3).
(5)1968 s.60(5).
3(1)S.I. 1984/176 reg.4(1).
(2)S.I. 1984/176 reg.3(2) “standard licence”.
(3)S.I. 1984/176 reg.3(2) “restricted licence”.
(4)S.I. 1984/176 reg.4(2); S.I. 1986/666 reg.3.
(5)S.I. 1984/176 reg.4(3).
(6)S.I. 1984/176 reg.33(2).
(7)S.I. 1984/176 reg.33(3).
4S.I. 1984/176 reg.34A; S.I. 1990/1849 reg.6.
5(1) to (3)1968 s.61(1) to (1B); 1994 s.42(1).
(4), (5)1968 s.61(2).
(6), (7)1968 s.61(3), (4); 1994 s.42(2).
(8), (9)1968 s.61(5), (6).
61968 s.61A; 1994 s.42(3).
7(1)1968 s.69A(1); 1982 Sch.4 Pt. I; 1994 Sch.13 para.5(1).
(2)1968 s.69A(4); 1982 Sch.4 Pt.I.
(3)1968 s.92(1) “operating centre”; 1982 s.52(1); 1994 Sch.13 para.15(1)(c).
8(1), (2)1968 s.62(1).
(3)1968 ss.62(2), 69A(2); 1982 Sch.4 Pt.I.
(4)1968 s.62(4) (part).
(5)1968 s.69A(3); 1982 Sch.4 Pt.I; 1994 Sch.13 para.5(2).
(6)1968 ss.62(5), 69A(3A); 1994 Sch.13 para.5(3).
9(1)1968 s.62(4A) (part); 1974 Sch.4 para.1.
(2)1968 s.62(4A) (part); 1974 Sch.4 para.1; S.I. 1984/176, reg.5(5) (part).
(3)1968 s.62(4B) (part); 1974 Sch.4 para.1; S.I. 1984/176 reg.5(5) (part).
(4)1968 s.62(4A) (part); 1974 Sch.4 para.1.
10(1)1968 s.63(1).
(2)1968 ss.63(4) (part), 69G(3) (part); 1994 Sch.13 para.9.
111968 s.69E(1) (part), (3) (part), (4) (part), (5) (part); 1994 s.49.
12(1)1968 ss.63(3) (part), 69B(1); 1982 Sch.4 Pt.I, Pt.II para.1(c); 1994 Sch.13 paras.2(1), 6(1).
(2)1968 s.63(3) (part); 1982 Sch.4 Pt.II para.8(a).
(3)1968 s.63(3) (part).
(4), (5)1968 s.69B(2); 1982 Sch.4 Pt.I; 1994 Sch.13 para.6(1).
(6)1968 s.63(4) (part).
(7)1968 s.69G(2) (part); 1994 Sch.13 para.9.
(8)1968 ss.63(4A), 69G(4) (part); 1994 s.43, Sch.13 para.9.
(9)1968 s.63(4) (part), 69G(1) (part); 1994 Sch.13 para.9.
(10)1968 s.69G(1) (part); 1994 Sch.13 para.9.
(11)Drafting.
(12)1968 ss.63(6), 159(3)(a), (b); Local Government Act 1972 (c.70) s.179(3); 1982 Sch.4 Pt.II para.8(b); Planning (Consequential Provisions) Act 1990 (c. 11) Sch.2 para.22(1); Trade Union and Labour Relations (Consolidation) Act 1992 (c.52) Sch.2 para.2; Local Government (Wales) Act 1994 (c.19) Sch.7 para.35; Local Government etc. (Scotland) Act 1994 (c. 39) Sch.13 para.80(8).
13(1)1968 s.64(1) (part); Interpretation Act 1978 (c. 30) s.17(2); 1994 s.44(1); S.I. 1984/176 regs.5(1) (part), 36(7) (part).
(2)1968 s.64(1) (part); 1994 s.44(1).
(3)S.I. 1984/176 reg.5(1) (part), (2).
(4)1968 s.64(2); 1994 s.44(1).
(5)1968 s.64(3); Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c. 3) s.2(2) (part); 1994 s.44(1), Sch.13 para.17.
(6) to (11)1968 s.64(4) to (9); 1994 s.44(1).
14(1)Drafting.
(2)1968 s.69B(3), (4); 1982 Sch.4 Pt.I; 1994 Sch.13 para.6(2), (3).
(3) to (5)1968 s.69B(5), (5A), (5B); 1994 s.44(2).
(6), (7)1968 s.69B(6), (6A); 1994 Sch.13 para.6(4).
15(1) to (4)1968 s.64A; 1994 s.44(1).
(5), (6)S.I. 1984/176 reg.4(4).
16(1) to (3)1968 s.67(1) to (4); 1994 s.46.
(4)1968 s.67(4); 1994 s.46; S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5.
(5)1968 ss.67(5), 92(4A) (part); 1994 s.46, Sch.13 para.15(4).
171968 s.68(1) and (3) to (6); 1994 s.47(1).
181968 s.69E(1) (part), (2), (3) (part), (4) (part), (5) (part); 1994 s.49.
191968 s.69D; 1994 s.47(2).
20S.I. 1984/176 reg.8.
21(1) to (4)1968 s.64B(1) to (4); 1994 s.45.
(5)1968 ss.64B(5), 159(1) “public road”; Roads (Scotland) Act 1984 (c. 54) Sch.9 para.66(10)(d); 1994 s.45.
(6)1968 s.64B(6); 1994 s.45.
22(1)1968 s.66(1); 1994 Sch.13 para.3.
(2), (3)S.I. 1984/176 reg.7(1).
(4), (5)S.I. 1984/176 reg.7(3), (4).
(6)1968 s.66(2); S.I. 1984/176 reg.7(2) (part).
23(1)1968 s.69C(1); 1994 Sch.13 para.7(1).
(2)1968 s.69C(2); 1982 Sch.4 Pt.I.
(3)1968 s.69C(3); 1994 Sch.13 para.7(2).
(4), (5)1968 s.69C(5), (5A); 1994 Sch.13 para.7(3).
(6)1968 s.69C(6); 1982 Sch.4 Pt.I.
24(1), (2)1968 s.67A(1), (2); 1994 s.46.
(3)1968 s.67A(8); 1994 s.46.
(4) to (8)1968 s.67(3) to (7); 1994 s.46.
(9)1968 s.92(2B) (part); 1994 Sch.13 para.15(2).
25(1) to (6)1968 s.68A; 1994 s.47(1).
(7)1968 s.92(2B) (part); 1994 Sch.13 para.15(2).
26(1)1968 s.69(1), (4) (part); 1988 Sch.3 para.6(2)(d); 1994 s.48(2).
(2), (3)1968 s.69(2), (2A); 1994 s.48(2).
(4)1968 s.69(3).
(5)1968 s.69(3A), (4) (part); S.I. 1984/176 reg.36(3)(b), (c).
(6), (7)1968 s.69(7A); 1974 Sch.4 para.4(4); 1994 Sch.13 para.4(4).
(8)1968 s.69(8); 1994 s.48(5).
(9)1968 s.69(10A) (part); 1994 Sch.13 para.4(7).
(10)1968 s.92(4).
(11)1968 s.92(3); 1982 Sch.4 Pt.II para.7(b); 1994 Sch.13 para.15(3).
27(1)S.I. 1984/176 reg.9(1).
(2), (3)S.I. 1984/176 reg.9(2).
(4)S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5.
28(1)1968 s.69(5); 1994 s.48(3); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5.
(2), (3)1968 s.69(5A), (5B); 1994 s.48(3).
(4)1968 s.69(6).
(5)1968 s.69(7); 1994 s.48(4), Sch.13 para.4(3).
(6)1968 s.69(8A); 1994 s.48(5).
(7)1968 s.69(10A) (part); 1994 Sch.13 para.4(7).
(8)1968 s.69(11); Companies Consolidation (Consequential Provisions) Act 1985 (c.9) Sch.2.
29(1)1968 s.69(9); 1974 Sch.4 para.4(6); 1994 Sch.13 para.4(5); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5.
(2)1968 s.69(10) (part); 1994 Sch.13 para.4(6); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5.
(3), (4)1968 s.69(10) (part).
301968 s.69EA; 1994 s.50(1).
31(1) to (4)1968 s.69EB; 1994 s.50(1).
(5)1968 s.69G(1) (part), (2) (part), (4) (part); 1994 Sch.13 para.9.
321968 ss.69EC; 1994 s.50(1).
331968 ss.69ED; 1994 s.50(1).
341968 s.69H; 1994 Sch.13 para.9.
35(1)1968 s.87(1); S.I. 1984/176 reg.36(4) (part).
(2)1968 s.87(3); S.I. 1984/176 regs.9(4) (part), 36(4) (part); S.I. 1987/841 reg.5.
(3)1968 s.87(4); S.I. 1984/176 reg.36(4) (part).
(4)1968 s.87(5).
361968 s.69J; 1994 s.52.
37(1)1968 s.70(1) (part), (2); 1994 s.53.
(2)1968 s.70(1) (part), (3); Interpretation Act 1978 (c.30) s.17(2); 1994 s.53; S.I. 1984/176 reg.9(3).
(3) to (7)1968 s.70(1) (part), (4) to (8); 1994 s.53.
38(1)1960 s.233(2) (part).
(2)1960 s.233(1); 1968 Sch.10 Pts. I, II; 1994 Sch.13 para.16; S.I. 1984/176 reg.36(9) (part).
(3)1960 s.233(3); Powers of Criminal Courts Act 1973 (c. 62) s.30; 1988 Sch.3 para.2(1).
(4)1960 s.233(2) (part); Forgery and Counterfeiting Act 1981 (c. 45) s.12.
39(1)1960 s.235(1); 1968 Sch.10 Pt.I; S.I. 1984/176 reg.36(9) (part).
(2)1960 s.235(3); 1974 Sch.5 Pt.I; Transport Act 1980 (c. 34) Sch.4.
40(1)1968 s.82(4); 1994 Sch.13 para.10.
(2)1968 s.82(5) (part).
411968 s.82(6) (part).
(2)1968 s.82(6) (part), (7) (part).
(3)1968 s.82(6) (part).
(4)1968 s.82(6) (part), (7) (part).
(5)1968 s.82(7) (part).
42(1)1968 s.82(8); Road Traffic Act 1991 (c. 40) Sch.4 para.1.
(2)1968 s.82(9) (part).
43(1)1968 s.84 (part); S.I. 1984/176 reg.36(4) (part).
(2)1968 s.84 (part); 1994 Sch.13 para.11.
(3)1968 s.84 (part).
441968 s.69I; 1994 s.51.
451968 s.89; 1994 s.56.
46(1)1968 s.85(1); 1994 Sch.13 para.12.
(2)1968 s.85(2); Transport Act 1982 (c. 49) Sch.5 para.6.
(3)Drafting.
471968 s.85A; 1994 s.54.
48(1) to (4)1968 s.86(1) to (4); 1994 s.55.
(5)1968 s.92(4A) (part); 1994 Sch.13 para.15(4).
(6)1968 s.86(5); 1994 s.55.
49(1)S.I. 1984/176 reg.6(1) and (2) to (4).
(5)S.I. 1984/176 reg.6(1A); S.I. 1991/2239 reg.4(3).
(6)European Communities Act 1972 (c. 68) s.2(3)(b).
50(1)Drafting.
(2)1968 s.166(2) (part).
511960 s.244 (part); 1968 s.62(4B) (part); Driver and Vehicle Licensing Act 1969 (c. 27) Sch.2 para.11; 1974 Sch.4 para.1; 1988 Sch.3 para.6(1).
521960 s.247(2) (part); 1968 Sch.10 Pt.I; 1988 Sch.3 para.2(3).
531960 s.255 (part); 1968 Sch.10 Pt.I.
541960 s.269 (part); 1968 Sch.10 Pt.I.
551960 s.263; 1968 Sch.10 Pt.II.
561968 Sch. 10 Pt.I.
57(1)1968 s.91(1) (part); S.I. 1984/176 reg.36(6) (part).
(2)1968 s.91(1) (part); 1982 Sch.4 Pt.II para.6(a); 1994 Sch.13 para.14(1)(a) to (d); S.I. 1984/176 regs.9(4) (part), 36(4) (part), (5) (part); S.I. 1987/841 reg.5.
(3)S.I. 1984/176 reg.36(5) (part).
(4)1968 s.91(2); 1994 Sch.13 para.14(2); S.I. 1984/176 reg.36(4) (part).
(5)S.I. 1984/176 reg.36(5) (part).
(6)1968 s.91(4); S.I. 1984/176 reg.36(4) (part).
(7)1968 s.91(4A); 1994 Sch.13 para.14(4).
(8), (9)1968 s.91(5), (6).
(10)1968 s.91(6A); 1994 Sch.13 para.14(5).
(11)1968 s.91(7); 1994 Sch.13 para.14(6).
(12)1968 s.91(8).
(13)1968 s.157 (part).
58(1)

“area”: drafting;

“articulated combination”: 1968 s.92(1) “articulated combination”;

“carriage of goods”: 1968 s.92(1) “carriage of goods”;

“contravention”: 1968 s.92(1) “contravention”;

“the 1974 Council Directive”: S.I. 1984/176 reg.3(2) “the 1974 Council Directive”; S.I. 1990/1849 reg.3(b); S.I. 1990/2640 reg.3;

“the 1977 Council Directive”: S.I. 1984/176 reg.3(2) “the 1977 Council Directive”; S.I. 1990/1849 reg.3(c);

“driver”: 1960 s.257(1) “driver”; 1968 s.92(1) “driver”;

“functions”: 1968 s.159(1) “functions”;

“goods”: 1968 s.92(1) “goods”;

“goods vehicle”: 1968 s.92(1) “goods vehicle”, (5); 1994 Sch.13 para.15(5);

“holding company” and “subsidiary”: S.I. 1984/176 reg.3(2) “holding company” and “subsidiary”; S.I. 1987/841 reg.4(1)(a);

“international transport operations” and “national transport operations”: S.I. 1984/176 reg. 3(2) “international transport operations” and “national transport operations”; S.I. 1986/1391 reg.3(a);

“modification”: 1968 s.92(1) “modification”; 1994 Sch.13 para.15(1)(b);

“motor vehicle” and “trailer”: 1968 s.92(1) (part);

“operating centre”: drafting;

“operator’s licence”: drafting;

“owner”: 1968 s.92(1) “owner”; 1982 Sch.4 Pt.II para.7(a);

“plated weight”: 1968 s.159(1) “plated weight”; 1988 Sch.3 para.6(8);

“prescribed”: 1968 s.92(1) “prescribed”;

“regulations”: 1968 s.92(1) “regulations”;

“restricted licence”: drafting;

“road”: 1960 s.257(1) “road”; 1968 s.159(1) “road”; Roads (Scotland) Act 1984 (c. 54) Sch.9 para.66(10)(e);

“road transport undertaking”: S.I. 1984/176 reg.3(2) “road transport undertaking”;

“standard licence”: drafting;

“statutory provision”: 1968 s.92(1) “statutory provision”; 1994 Sch.13 para.15(1)(d);

“traffic area”: drafting;

“transport manager”: S.I. 1984/176 “transport manager”;

“vehicle combination”: 1968 s.92(1) “vehicle combination”.

(2)1968 s.92(2).
(3)1968 s.92(2A); 1994 Sch.13 para.15(2).
(4)S.I. 1984/176 reg.3(3).
(5)1968 s.92(6).
59 to 62
Sch. 1
para.11968 s.60(4) (part).
para.21968 s.60(4)(a); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2.
para.3(1)1968 s.60(4)(b); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2.
para.3(2)1968 s.60(4) (part); S.I. 1981/1373 Sch. Pt.IIIA.
para.41968 s.60(4)(c); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2.
para.51968 s.60(4) (part).
Sch. 2
para.11968 s.62(4) (part); Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c. 3) s.2(2) (part); 1994 Sch.13 para.1(2).
para.21968 s.62(4)(d) (part).
para.31968 s.62(4)(d) (part).
para.41968 s.62(4)(e) (part).
paras.5, 61968 s.69(4) (part); Road Traffic Act 1972 (c.20) Sch.7; 1974 Sch.4 para.4(2); International Road Haulage Permits Act 1975 (c.46) s.3(1); Hydrocarbon Oil Duties Act 1979 (c.5) Sch.6 para.2; Road Traffic Regulation Act 1984 (c.27) Sch.13 para.6(a), (b); 1988 Sch.3 para.6(2)(a), (b), (c); Environmental Protection Act 1990 (c.43) Sch.15 para.10(2)(b); 1994 Sch.13 para.4(1); S.I. 1984/176 reg.36(3)(c).
Sch. 3
para.1(1), (2)S.I. 1984/176 Sch.6 para.1(1), (2).
para.1(3)S.I. 1984/176 reg.3(2) “relevant conviction” (part); S.I. 1990/1849 reg.3(a).
para.2S.I. 1984/176 Sch.6 para.1(3), (9) (part); S.I. 1990/1849 reg.7(a).
para.3(1), (2)S.I. 1984/176 Sch.6 para.1(4); S.I. 1990/1849 reg.7(a).
para.3(3)S.I. 1984/176 Sch.6 para.1(6); S.I. 1990/1849 reg.7(a).
para.4S.I. 1984/176 Sch.6 para.1(5); S.I. 1990/1849 reg.7(a).
para.5(1)S.I. 1984/176 Sch.6 para.1(7); S.I. 1990/1849 reg.7(a).
para.5(2)S.I. 1984/176 reg.3(2) “relevant conviction” (part), Sch.6 para.1(8); S.I. 1990/1849 regs.3(a), 7(a).
para.6(1)S.I. 1984/176 Sch.6 para.2(1).
para.6(2), (3)S.I. 1984/176 Sch.6 paras.2(2), (3); S.I. 1990/1849 reg.7(b).
para.6(4)S.I. 1990/1849 reg.2(3).
para.7Drafting.
para.8(1)S.I. 1984/176 Sch.6 para.3; S.I. 1986/666 reg.10.
para.8(2)S.I. 1984/176 Sch.6 para.3A; S.I. 1986/666 reg.10; S.I. 1990/1849 reg.7(c).
para.9S.I. 1984/176 Sch.6 para.4.
para.10S.I. 1984/176 Sch.6 para.5(1); S.I. 1990/1849 reg.7(d).
para.11S.I. 1984/176 Sch.6 para.5(2); S.I. 1990/1849 reg.7(e).
para.12S.I. 1984/176 Sch.6 para.1(10); S.I. 1990/1849 reg.7(a).
para.13(1), (2)S.I. 1984/176 Sch.6 para.6; S.I. 1990/2640 reg.4.
para.13(3)S.I. 1984/176 Sch.6 para.7.
para.14S.I. 1990/2640 regs.1 (part), 2(2).
para.15S.I. 1984/176 reg.23A; S.I. 1991/2239 reg.7.
Sch. 41968 Sch.8A; 1994 Sch.12.
Sch. 5
para.1(1)1968 s.71(6) (part).
para.1(2) to (4)1968 s.71(6) (part); S.I. 1981/1373 Sch. Pt.IIIA.
para.1(5)1968 s.71(6) (part).
para.1(6)1968 ss.71(8), 92(1) (part).
para.21968 s.81.
para.3(1)1968 s.82(1).
para.3(2), (3)1968 s.82(2).
para.3(4)1968 s.82(3).
para.3(5)1968 s.82(1) (part), (2) (part).
para.3(6)1968 s.82(5) (part).
para.3(7)1968 s.82(8) (part); Road Traffic Act 1991 (c. 40) Sch.4 para.1.
para.3(8)1968 s.82(9) (part).
para.4(1)1968 s.83 (part).
para.4(2)1968 s.83 (part); Powers of Criminal Courts Act 1973 (c. 62) s.30.
para.5Drafting.
Schs. 6 to 8

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