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Goods Vehicles (Licensing of Operators) Act 1995

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This is the original version (as it was originally enacted).

23Conditions as to use of operating centres

(1)On issuing an operator’s licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place in his area as an operating centre of the licence-holder.

(2)The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

(a)the number, type and size of motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder in the area of the traffic commissioner for any prescribed purpose;

(b)the parking arrangements to be provided at or in the vicinity of any such centre; and

(c)the hours at which operations of any prescribed description may be carried on at any such centre.

(3)On varying an operator’s licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.

(4)The traffic commissioner shall not—

(a)attach any condition such as is mentioned in this section to an operator’s licence, or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity to make representations to the 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.

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