SCHEDULES

Section 2.

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

1E+W+SFor the purposes of section 2 a small goods vehicle is a goods vehicle falling within any of paragraphs 2 to 4.

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.

[F1SCHEDULE 1AE+W+S Detention of vehicles used without operator’s licence

F2 InterpretationE+W+S

F31(1)In this Schedule—E+W+S

• “authorised person” means—

  (a)

  an examiner appointed by the Secretary of State under section 66A of the M1Road 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 M2Road 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 M3Vehicle Excise and Registration Act 1994, or

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

F4 Detention of propertyE+W+S

F52(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.

F63E+W+SRegulations may make provision with respect to property detained by virtue of paragraph 2.

F7 Immobilisation and removalE+W+S

F84(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.

F95(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.

F106(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.

F117(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.

F12 Return or disposal of vehicleE+W+S

[F138E+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.]

F149(1)Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.E+W+S

(2)Regulations may, in particular—

(a)require notice of an application to be given to the 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.

F1510(1)Regulations shall make provision—E+W+S

(a)enabling the traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,

(b)requiring him 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, the traffic commissioner must determine the application within a prescribed time after receiving notice of the application.

(3)Regulations shall provide that—

(a)if the 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 the 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.

F1611(1)Regulations shall provide for an appeal to the Transport Tribunal against the determination of the traffic commissioner.E+W+S

(2)Regulations—

(a)may prescribe the period within which an appeal must be made, and

(b)may make provision for notice of the appeal to be given to the Transport Tribunal, the traffic commissioner and such other persons as may be prescribed.

F1712E+W+SRegulations may provide that, if no application is made to the 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.

F18 Return or disposal of contents of vehicleE+W+S

F1913(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.

F20 Custody of propertyE+W+S

F2114E+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.

F22 Proceeds of saleE+W+S

F2315(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.

F24 DisputesE+W+S

F2516(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.

F26 Obstruction of authorised personE+W+S

F2717E+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.

F28 Offences as to securing possession of propertyE+W+S

F2918(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.]

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 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 M4Transport 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;

(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 M5Road 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 M6Transport Act 1968 or section 233 or 235 of the M7Road 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 M8Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or

(iv)any regulation made under this Act or the M9Transport 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 M10Hydrocarbon 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 M11Road 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 section 2 of the M12International Road Haulage Permits Act 1975 (removing, or causing or permitting the removal of, a goods vehicle or trailer from the United Kingdom in contravention of a prohibition imposed under that section);

(h)an offence under section 74 of the M13Road 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 M14Control of Pollution Act 1974;

(ii)section 2 of the M15Refuse Disposal (Amenity) Act 1978;

(iii)section 1 of the M16 Control of Pollution (Amendment) Act 1989; or

(iv)section 33 of the M17Environmental Protection Act 1990;

[F30(ia)an offence under regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007 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 M18Road 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 M19Road Traffic Act 1988 includes a reference to an offence under any corresponding provision of the M20Road Traffic Act 1972 repealed by the M21Road 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 M22Road 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.

Sections 13 and 27.

SCHEDULE 3E+W+S Qualifications for standard licence

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.

[F312E+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.]

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 [F32community order] requiring him to perform work 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; and

[F33(b)“community order” means a community order under section 177 of the Criminal Justice Act 2003, 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.]

[F344E+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.]

5(1)Any reference in paragraphs 1 to 4 to an offence under the law of any part of the United Kingdom includes a reference to a civil offence (wherever committed) within the meaning of the M23Army Act 1955, the M24Air Force Act 1955 or (as the case may be) the M25Naval Discipline Act 1957.E+W+S

(2)For the purposes of paragraphs 1 to 4—

(a)convictions which are spent for the purposes of the M26Rehabilitation of Offenders Act 1974 shall be disregarded; and

(b)a traffic commissioner may also disregard an offence if such time as he thinks appropriate has elapsed since the date of the conviction.

Appropriate financial standingE+W+S

6(1)An applicant for, or the holder of, a standard licence is of the appropriate financial standing if he has available to him sufficient financial resources to ensure the establishment and proper administration of the road transport undertaking carried on, or proposed to be carried on, under the licence.E+W+S

[F35(2)An applicant for, or the holder of, a standard licence F36... shall not be considered to be of the appropriate financial standing unless he has available to him capital and reserves of an amount equal to or exceeding the aggregate of—

(a)9,000 Euro for the first or only vehicle which is to be or is authorised under the licence; and

(b)5,000 Euro for each additional vehicle which is to be or is so authorised.]

Professional competenceE+W+S

7E+W+SIn this Schedule references to “the requirement of professional competence” are references to any requirement imposed by a provision of this Act that a person be (or continue to be) professionally competent.

8(1)The requirement of professional competence falls to be satisfied by an individual.E+W+S

(2)Accordingly, where a company is required to satisfy that requirement, it does so if and so long as—

(a)it has in respect of its road transport undertaking a transport manager or managers, and such number of them as the traffic commissioner concerned may require; and

(b)that transport manager, or (as the case may be) each such manager, is—

(i)of good repute, and

(ii)professionally competent.

9E+W+SWhere an individual is not himself professionally competent, he shall be regarded as satisfying the requirement of professional competence if and so long as he has as the transport manager of the transport undertaking which he carries on an individual who is—

(a)of good repute, and

(b)professionally competent.

10E+W+SWhere the holder of a standard licence relies on a single transport manager to satisfy the requirement of professional competence and that manager—

(a)dies,

(b)ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,

(c)ceases to work for the business, or

(d)ceases to be of good repute,

the holder of the licence shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period (not exceeding 18 months) as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for the appointment of a new transport manager.

11E+W+SWhere—

(a)the holder of a standard licence is a company which has two or more transport managers, and

(b)any of those managers ceases to be of good repute,

the company shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for that manager’s removal or the appointment of another transport manager in his place.

12E+W+SParagraphs 1 to 5 shall have effect for the purposes of any provision of paragraphs 8 to 11 by virtue of which it falls to be determined whether or not a transport manager is of good repute as they have effect for the purpose of determining for the purposes of any other provision of this Act whether or not any other individual is of good repute, but disregarding the reference in paragraph 1(1)(a) to the servants or agents of an individual.

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.

[F37(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 Council Directive No. 96/26/EC.

(2A)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.]

(3)In sub-paragraph (1)—

• “approved body” means—

  (a)

  a body approved by the Secretary of State for the purposes of that sub-paragraph;

  (b)

  a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the M27Transport Act (Northern Ireland) 1967; or

  (c)

  a body or authority designated for the purposes of Article 3.4 of [F38Council Directive No. 96/26/EC] by a member State other than the United Kingdom; and

• [F39“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 that Directive in the subjects there listed.]

F4014E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transport manager to be notified of proceedingsE+W+S

15(1)A traffic commissioner shall not in any proceedings under this Act 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; and

(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.

(2)Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations—

(a)in considering whether or not to hold an inquiry 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.

(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.

Section 33.

SCHEDULE 4E+W+S Transfer of operating centres

Transfers in connection with new licencesE+W+S

1(1)Where in the case of any application for an operator’s 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 an operator’s 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 operator’s 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 an operator’s 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 an operator’s 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 an operator’s 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 “operator’s 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 an operator’s 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);

• section 13(5)(d) 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 section 13(11) 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 an operator’s 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 operator’s 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 operator’s 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 an operator’s 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 an operator’s 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 an operator’s 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 “operator’s 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 an operator’s 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.

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.

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 M29Interpretation Act 1978 (but without prejudice to any other provision of that Act).

Meaning of “local authority” in relation to Scotland or WalesE+W+S

F436E+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 M30Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the M31Companies Act 1985 as originally enacted.

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;”.

F442E+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 ”.

F454E+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 ”.

F4613E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4714E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 60(2).

SCHEDULE 8U.K. Repeals and revocations

Part IU.K. Enactments repealed

Part IIE+W+S Subordinate legislation revoked

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:—

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.