London Passenger Transport Act 1933

PART IVAmendments of the Road Traffic Act, 1930.

50Alteration of traffic areas under 20 and 21 Geo. 5 c. 43.

The following amendments shall be made with respect to the traffic areas constituted by the Road Traffic Act, 1930 (in this Part of this Act referred to as " the Act of 1930 ") :—

(1)In the Third Schedule to the Act of 1930, for the words—

there shall be substituted the following words—

(2)There shall be excluded from the East Midland, Eastern, Southern and South-Eastern Traffic Areas as constituted immediately before the date on which this section comes into operation such parts of those areas as form part of the Metropolitan Traffic Area aforesaid.

51Special provisions with, respect to Metropolitan Traffic Area.

(1)The provisions of this section shall have effect in relation to the Metropolitan Traffic Area.

(2)The following enactments, that is to say, the [32 & 33 Vict. c. 115.] Metropolitan Public Carriage Act, 1869 (in this section referred to as " the Act of 1869 "), sections eight and fourteen of the [30 & 31 Vict. c. 134.] Metropolitan Streets Act, 1867, and the [7 Edw. 7. c. 55.] London Cab and Stage Carriage Act, 1907, shall not apply to any public service vehicle, or to the driver or conductor thereof.

(3)Subject to the provisions of the next following subsection, the powers which, under the Act of 1869, as amended, extended, or applied by, or by any order made under any subsequent enactment, are exerciseable within the City of London and the Metropolitan police district by the Secretary of State, with respect to tram-cars, light railway cars and trolley vehicles, and the licensing of such vehicles and their drivers and conductors (including the power of granting licences which by his direction is exerciseable by the Commissioner of Police of the Metropolis) shall be transferred to the Minister and for the purpose of the exercise by the Minister of the powers so transferred the limits of the Act of 1869 shall be extended to include the whole of the Metropolitan Traffic Area and any reference in any such enactment to the Secretary of State shall, in relation to the said vehicles or matters, be construed as a reference to the Minister.

(4)The Minister may by order provide—

(a)that any licences in respect of tramcars, light railway cars or trolley vehicles, or any class of such vehicles, which are grantable by him by virtue of the powers transferred to him by the last preceding subsection may be granted by the Commissioner for the Metropolitan Traffic Area (in this section referred to as " the Traffic Commissioner ") and that any licences to drivers and conductors of tramcars, light railway cars, and trolley vehicles, or any class of such vehicles, which are so grantable by him may be granted by the Commissioner of Police of the Metropolis or by the Traffic Commissioner; and

(b)that as regards persons residing in the Metropolitan Traffic Area, or any specified part of that area, the function of the Traffic Commissioner of granting licences to drivers and conductors of public service vehicles, or of any class of such vehicles, shall be transferred to the said Commissioner of Police:

Provided that no order conferring any power, or imposing any duty, on the said Commissioner of Police shall be made under this subsection, save with the concurrence of the Secretary of State.

(5)An order made under the last preceding subsection may—

(a)make such adaptations and modifications in the provisions of Part IV of the Act of 1930 as may be necessary for the purpose of giving effect to the transfer of the said functions from the Traffic Commissioner to the said Commissioner of Police;

(b)provide for the payment by the Minister, as part of the expenses of the Roads Department of the Ministry of Transport, into the Metropolitan Police Fund of such sum in respect of the costs incurred by the said Commissioner of Police in connection with the exercise of the functions transferred by the order as the Treasury, after consultation with the Minister, may from time to time determine; and

(c)be revoked or altered by subsequent order made in the like manner.

(6)Before determining the conditions to be attached to a road service licence with respect to routes, stopping places or terminal points within the City of London or the Metropolitan police district, the Traffic Commissioner shall consult with the Commissioner of Police, and if the Commissioner of Police is dissatisfied with any condition attached to a road service licence with respect to a route, stopping place, or terminal point within his police district, he may appeal to the Minister, who shall make such order in the matter as he thinks fit, and any order so made by the Minister shall have effect as if it were an order made by the Traffic Commissioner.

(7)No local authority shall exercise under the [10 & 11 Vict. c. 89.] Town Police Clauses Act, 1847, as amended, extended, or applied by any subsequent enactment any powers with respect to public service vehicles, tramcars, light railway cars, and trolley vehicles, or the licensing of such vehicles, or of their drivers or conductors, and there shall be repealed so much of any other Act as empowers any local authority to regulate such vehicles, or to make regulations for the conduct of drivers or conductors of, or passengers in, such vehicles.

(8)The provisions of this section shall have effect in substitution for the provisions of section ninety-nine of the Act of 1930.

52Amendment of s. 90 of 20 and 21 Geo. 5. c. 43.

Section ninety of the Act of 1930 shall have effect as if the following new subsection were inserted after subsection (10):—

“(11)The power of making orders conferred upon local authorities by subsection (1) of this section shall not be exercised within the London Traffic Area as defined by the London Traffic Act, 1924.”

53Consequential and minor amendments.

The amendments set out in the second column of the Eleventh Schedule to this Act, being amendments of a consequential or minor character, shall be made in the provisions of the Act of 1930 specified in the first column of that schedule.

54Powers of Commissioners for South Eastern Traffic Area to hold public sittings in Metropolitan Traffic Area.

Notwithstanding anything contained in section sixty-four of the Act of 1930, public sittings of the Traffic Commissioners for the South Eastern Traffic Area may be held at such places in the Metropolitan Traffic Area as appear to those Commissioners to be convenient.

55Transitory provisions as to licences.

(1)The Minister may by order provide that any licence which has been granted in respect of a vehicle, or to the driver or conductor thereof, by any authority whose powers in that behalf are abolished or transferred by this Part of this Act, and which is in force immediately before the date on which section fifty-one of this Act comes into operation, shall continue in force for such a period, and have such effect for the purposes of any enactment relating to any such licence or of the Act of 1930, as may be provided by the order.

(2)The Minister may revoke, vary or amend an order made under this section.

(3)Notwithstanding the provisions of section fifty-one hereof, a road-service licence granted under the Act of 1930 before the date on which the said section comes into operation and any backing of any such licence shall, during the currency thereof and until the date of expiry, so far as it relates to a route or portion of a route falling within any part of a traffic area transferred by this Act to the Metropolitan Traffic Area, have effect as if granted by the Commissioner for the Metropolitan Traffic Area on the date of transfer, so, however, that no service of public service vehicles may be provided under any such licence otherwise than in accordance with the provisions of this Act.

56Date of operation of Part IV of Act.

Sections fifty-two and fifty-four of this Act shall come into operation on the passing of this Act, but, save as aforesaid, this Part of this Act shall come into operation on the first day of July, nineteen hundred and thirty-three, or such later date as the Minister may by order appoint and different dates may be fixed for different purposes and different provisions of this Part of this Act.