16EGoods vehicle operator licences: waiver of procedural requirements

1

This section applies in a case where, on an application to vary an operator's licence under section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”), a traffic commissioner is satisfied that—

a

the variation applied for has a connection with the London Olympics,

b

there would not, but for this section, be sufficient time to dispose of the application before the beginning of the London Olympics period, and

c

the circumstances in which the application is being made are such that, but for this section, it could not have been made in sufficient time to be disposed of before the beginning of that period.

2

The traffic commissioner may direct—

a

that subsection (3) is to apply in relation to the application, and

b

if the traffic commissioner proposes to hold an inquiry under section 35 of the 1995 Act in relation to the application, that subsection (4) is to apply in relation to the inquiry.

3

If the traffic commissioner gives the direction under subsection (2)(a), the following provisions of the 1995 Act do not apply in relation to the application—

a

section 17(3) (publication of notice by traffic commissioner);

b

section 18 (publication of notice by operator).

4

If the traffic commissioner gives the direction under subsection (2)(b), Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869), in its application to the inquiry, has effect as if for sub-paragraph (3) of paragraph 1 there were substituted—

3

The traffic commissioner may abridge the periods referred to in sub-paragraphs (1) and (2).

5

Section 23 of the 1995 Act (conditions as to use of operating centres) applies in relation to the licence as if the application were an application of which notice has been published under section 17(3) of that Act.

6

Such variations as are made to the licence on the application, including by the attachment of conditions under section 21 or 23 of the 1995 Act (road safety and operating centres), have effect only during the London Olympics period.

7

Subsection (3)(a) does not affect the liability incurred in respect of the application under regulation 3 of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (S.I. 1995/3000) (which requires payment of a fee on an application for variation for which publication is required by section 17(3) of the 1995 Act).

8

The power to give a direction under subsection (2) includes power to vary or revoke the direction.

9

In exercising functions under this section, the traffic commissioner must act under the general directions of, and have regard to guidance given by, the senior traffic commissioner.

10

In this section, “operator's licence” has the same meaning as in the 1995 Act (see section 2(1) of that Act).