The Goods Vehicles (Licensing of Operators) Regulations 1995

PART IE+W+S GENERAL

Commencement and citationE+W+S

1.  These Regulations may be cited as the Goods Vehicles (Licensing of Operators) Regulations 1995, and shall come into force on 1st January 1996.

RevocationE+W+S

2.  The Regulations set out in Schedule 5 are hereby revoked.

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires, any reference to—

(a)a numbered section is a reference to the section bearing that number in the Goods Vehicles (Licensing of Operators) Act 1995;

(b)a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations; and

(c)a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.

(2) In these Regulations, unless the context otherwise requires—

• “the 1995 Act" means the Goods Vehicles (Licensing of Operators) Act 1995;

• [F1“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21st 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;]

• “application for a licence" means an application for an operator’s licence for which publication is required by section 10(1);

• “application for the variation of a licence" means an application for the variation of an operator’s licence for which publication is required by section 17(3) and, “application" when used otherwise than as part of those expressions means—

  (a)

  an application for a licence, or

  (b)

  an application for the variation of a licence;

• “Applications and Decisions" means a statement issued by a traffic commissioner under regulation 21;

• “company" shall be construed as provided in [F2section 1 of the Companies Act 2006];

• “disc" means a disc issued in accordance with regulation 23(1) and (2) or 27(2);

• “dual purpose vehicle" has the meaning given in column 2 of the Table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 M1;

• “farm" includes a market garden;

• “firm" has the same meaning as in section 4 of the Partnership Act 1890 M2;

• “goods vehicle" has the same meaning as in section 58(1) but excludes a small goods vehicle as described in Schedule 1 to the 1995 Act;

• “keeper", in relation to a goods vehicle, is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 M3;

• [F3“interim licence” means a licence issued under section 24;]

• [F3“interim direction” means a direction given by a traffic commissioner pursuant to section 25;]

• “licence" means an operator’s licence (whether standard or restricted) as defined in section 2(1) and, where the context so requires, includes the documentation which evidences the grant of an application;

• “licence-holder", and “holder" in relation to a licence, mean the person to whom the licence was issued;

• “motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads;

• “maintenance" in relation to a goods vehicle includes inspection, repair and fuelling;

• “officer" has the meaning given in section 42;

• “recovery vehicle" has the same meaning as in Part V of Schedule 1 to the Vehicle Excise and Registration Act 1994;

• “relevant conviction" means any conviction mentioned in paragraph 5 of Schedule 2 to the 1995 Act or any conviction of contravening any provision of the law of Northern Ireland or of a country or territory outside the United Kingdom corresponding to any such conviction, not being in either case a spent conviction within the meaning of section 1(1) of the Rehabilitation of Offenders Act 1974 M4;

• “showman’s goods vehicle" has the same meaning as in section 62 of the Vehicle Excise and Registration Act 1994;

• “tower wagon" has the same meaning as in paragraph 17(2) of Schedule 2 to the Vehicle Excise and Registration Act 1994 (as originally enacted);

• “trade licence" is a licence granted under section 11 of the Vehicle Excise and Registration Act 1994;

• F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIE+W+S APPLICATIONS

Manner of making applicationsE+W+S

4.  Every application shall—

(a)be made on a form supplied by [F5a traffic commissioner] and contain the information required by that form;

(b)be signed—

(i)if made by an individual, by that person,

(ii)if made by a firm, by all of the partners of that firm or by one of them with the authority of the others, and

(iii)if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group;

(c)if made for the issue of a licence, state whether it relates to a standard licence or to a restricted licence and, if it relates to a standard licence, state whether the licence is to cover—

(i)both national and international transport operations, or

(ii)national transport operations only.

Time of applicationsE+W+S

5.  Every application shall be sent to [F6a traffic commissioner] so as to reach him not less than 9 weeks before the time at which the applicant desires the licence or variation applied for to take effect.

Dispensations as to applicationsE+W+S

6.  [F7A traffic commissioner] may consider an application notwithstanding that the requirement specified in regulation 5 has not been complied with.

Notice of applicationsE+W+S

7.—(1) The prescribed manner in which a notice of any application for a licence as mentioned in section 10 or for a variation as mentioned in section 17 is published by [F8a traffic commissioner] is that a summary of the application which adequately specifies the subject-matter of the application shall be published in Applications and Decisions as mentioned in regulation 21.

(2) The notice of an application to be published in accordance with section 11 or section 18 shall give the information specified in Schedule 1.

Restrictions on applicationsE+W+S

8.—(1) [F9A traffic commissioner] may decline to proceed with an application for a licence if it appears to him that the grant of that application would lead to a contravention of section 8(2).

(2) [F9A traffic commissioner] may decline to proceed with an application if and so long as it appears to him that the application relates to any motor vehicle which is specified in an existing licence, and the grant of that application would lead to a contravention of section 5(8).

Inspection of applicationsE+W+S

9.—(1) [F10Until an application has been determined, a traffic commissioner shall make available for inspection]—

(a)to any person authorised to make the inspection by a local authority, a planning authority, chief officer of police or trade union or association specified in regulation 10, such part of the application (or the whole of it) as any such person in writing requests to see; and

(b)to any person who is, by virtue of section 12(4) or 19(2)(b) entitled to make representations in respect of the application, or a person authorised by such a person to make the inspection on his behalf, such part of the application as is, in the opinion of the traffic commissioner, relevant to the representation.

(2) A traffic commissioner F11... shall, during the currency of [F12a licence], make a copy of it available for inspection by any person who appears to the traffic commissioner to have reasonable grounds for making such an inspection.

(3) A traffic commissioner shall satisfy his obligation under paragraph (1) by—

(a)making the application or, as the case may be, part of it, available for inspection at [F13an office provided for the use of a traffic commissioner in relation to the traffic area to which the application relates]; or

(b)on prior receipt of his expenses in that behalf, by posting a copy of the application or, as the case may be, part of it, to the address given for that purpose by the person wanting to make the inspection.

(4) A traffic commissioner shall satisfy his obligation under paragraph (2) by—

(a)making a copy of the licence or, as the case may require, part of it, available for inspection at [F14an office provided for the use of a traffic commissioner in relation to the traffic area to which the licence relates]; or

(b)on prior receipt of his expenses in that behalf, by posting a copy of the licence or, as the case may require, part of it, to the address given for that purpose by the person requesting to make the inspection.

PART IIIE+W+S OBJECTIONS AND REPRESENTATIONS

Prescribed trade unions and associationsE+W+S

10.—(1) The trade unions and associations specified in paragraph (2), being trade unions or associations whose members consist of or include persons holding licences or employees of any such persons, are hereby prescribed as persons who may object as provided in section 12(2), either as applied by section 19(2)(a) or not.

(2) Those trade unions and associations are—

• The British Association of Removers;

• The Freight Transport Association;

• [F15GMB];

• The National Union of Rail, Maritime and Transport Workers;

• The Road Haulage Association;

• The Transport and General Workers’ Union;

• The Union of Shop, Distributive and Allied Workers; and

• The United Road Transport Union.

Manner of making objections and representationsE+W+S

11.—(1) For the purposes of sections 12(6)(b), 12(7)(b) and 19(10), the prescribed manner of making an objection to, or representation against, an application is by delivering a document to [F16a traffic commissioner]—

(a)setting out the objection or representation as the case may be; and

(b)signed—

(i)if made by an individual, by that person,

(ii)if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,

(iii)if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,

or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

(2) A copy of the document delivered under paragraph (1) shall be sent by the objector, or the person making the representation, to the applicant on the same day as, or the next working day after, the delivery to the traffic commissioner.

Time of making objections and representationsE+W+S

12.—(1) The prescribed time within which an objection under section 12(1)(a) or (b) to an application for a licence must be made is the period commencing immediately after notice of the application is published under section 11(2) and ending 21 days after the date on which notice of the application is published in Applications and Decisions.

(2) The prescribed time within which a representation under section 12(4) in respect of an application for a licence must be made is the period of 21 days beginning with the date on which notice of the application is published under section 11(2).

(3) The prescribed time within which an objection under section 12(1)(a) as applied by section 17(5) or section 19(2) to or in respect of an application for a variation of a licence must be made is the period commencing immediately after notice of the application is published under section 18(3) (or, if none, the making of the application to which the objection relates) and ending 21 days after the date on which the notice of the application is published in Applications and Decisions.

(4) The prescribed time within which a representation under section 19(2) in respect of an application for a variation of a licence must be made is the period of 21 days beginning with the date on which the notice of the application is published under section 18(3).

Consideration of objections and representationsE+W+S

13.—(1) [F17A traffic commissioner] shall consider every objection duly made in considering whether or not to hold an inquiry as provided in section 35.

(2) [F17A traffic commissioner] shall consider every representation duly made in considering whether or not to hold an inquiry as provided in section 35.

PART IVE+W+S OPERATING CENTRES

Conditions which may be attached to a licenceE+W+S

14.  The conditions which may be attached under section 23 to a licence are conditions regulating—

(a)the number, type and size of authorised motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder [F18in the traffic area to which the licence relates] for the purposes of maintenance and parking;

(b)the parking arrangements to be provided for authorised motor vehicles or trailers at or in the vicinity of every such operating centre;

(c)the times between which there may be carried out at every such operating centre any maintenance or movement of any authorised motor vehicle or trailer and the times at which any equipment may be used for any such maintenance or movement; and

(d)the means of ingress to and egress from every such operating centre for any authorised motor vehicle or trailer.

Considerations relevant to determinationsE+W+S

15.—(1) The considerations prescribed as relevant to any determination of a kind specified in section 34(2) are—

(a)the nature and the use of any other land in the vicinity of the land used or proposed to be used as an operating centre, and any effect which the use of the land as an operating centre has, or would be likely to have, on the environment of that vicinity;

(b)in a case where the land proposed to be used as an operating centre is, or has previously been, used as an operating centre, the extent to which the grant of the application would result in any material change as regards that operating centre, or its use, which would adversely affect the environment of the vicinity of that land;

(c)in the case of an application which, if granted, would result in land which has not previoulsy been used as an operating centre being used as one, any information known to the traffic commissioner [F19dealing with the application] about any planning permission or application for planning permission relating to the land or any other land in the vicinity of that land;

(d)the number, type and size of motor vehicles or trailers;

(e)the arrangements for the parking of motor vehicles or trailers or the proposed or likely arrangements for such parking;

(f)the nature and the times of the use of the land for the purpose of an operating centre or the proposed nature and times of the use of the land proposed to be used for that purpose;

(g)the nature and the times of the use of any equipment installed on the land used as an operating centre for the purpose of the use of that land as an operating centre or of any equipment proposed or likely to be installed on the land proposed to be used as an operating centre for that purpose; and

(h)the means and frequency of vehicular ingress to, and egress from, the land used as an operating centre or the proposed means and frequency of such ingress to, and egress from, the land proposed to be used as an operating centre.

(2) In this regulation—

“operating centre" includes part of an operating centre and the place which would be the operating centre if the application were granted; and

“planning permission" has the same meaning, as regards England and Wales, as in section 336(1) of the Town and Country Planning Act 1990 M5, and, as regards Scotland, as in section 274(1) of the Town and Country Planning (Scotland) Act 1972 M6.

Conditions to be satisfied in relation to specified operating centresE+W+S

16.  The prescribed condition under sections 14(5)(c), 19(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 4 to the 1995 Act is that either—

(a)proceedings on any appeal (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired; or

(b)any review under section 36 has been determined or the time for giving notice of intention to review under section 36(2) has expired and no such notice of review has been served,

and if any appeal or notice of intention is withdrawn or abandoned the date of such withdrawal or abandonment shall be taken to be the time of expiry.

Period for service of notice on review of an operating centreE+W+S

17.  The period prescribed for the purpose of section 30(1) is two months.

Manner of service of notice on review of an operating centreE+W+S

18.  Paragraph 6 of Schedule 4 shall have effect in relation to serving of notices by [F20a traffic commissioner] on a licence-holder for the purposes of section 30(1), as if “section 30" were substituted for “the Schedule" in sub-paragraph (1) of that paragraph.

Manner of making representations in relation to a reviewE+W+S

19.  Without prejudice to section 31(5), the prescribed manner of making representations in relation to a review is by delivering a document to [F21a traffic commissioner]—

(a)setting out the representations;

(b)clearly identifying—

(i)the person making the representations,

(ii)the place specified in the operator’s licence to which the representations relate,

(iii)land or property in the vicinity which is owned or occupied by the person making the representations; and

(c)signed—

(i)if made by an individual, by that person,

(ii)if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,

(iii)if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,

or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

PART VE+W+S INQUIRIES

Provisions about inquiriesE+W+S

20.  Schedule 4 shall have effect in relation to any inquiry held by a traffic commissioner.

PART VIE+W+S APPLICATIONS AND DECISIONS

Statement to be issued by the traffic commissionerE+W+S

21.—(1) [F22A traffic commissioner] shall publish as occasion may require a statement known as “Applications and Decisions” which shall contain (unless previously notified)—

(a)as regards applications—

(i)notices of the applications,

(ii)the dates on which and the places at which [F23inquiries are proposed to be held and the applications which are proposed for consideration] at those inquiries, and

(iii)F24... decisions on applications, other than F24... decisions to issue an interim licence under section 24, or to make an interim direction under section 25;

(b)any direction to revoke, suspend or curtail a licence given under section 26 or section 27;

(c)the dates on which and the places at which [F25it is proposed] to hold any inquiries other than those mentioned in sub-paragraph (a)(ii) above; and

(d)any decision F26... following a review under section 30.

(2) The publication of the date of any inquiry in Applications and Decisions shall not prevent [F27a traffic commissioner] from adjourning, cancelling or postponing the consideration of any application and in particular any inquiry held or proposed to be held in connection with the application.

(3) Copies of Applications and Decisions [F28shall be made available for inspection at such places as the traffic commissioner by whom it was issued] may determine and copies of the whole or the relevant parts thereof shall be supplied to any person requiring them on payment of such sum as [F28a traffic commissioner] may require to cover the cost of supplying the copy.

Notification of decisionsE+W+S

22.—(1) Subject to paragraph (2) [F29and Articles 6.2(a) and 15.1 of the 2009 Regulation], where a traffic commissioner grants or refuses an application, he shall send a written statement of his reasons to—

(a)the applicant;

(b)every objector; and

(c)every person who has made a representation in accordance with sections 12(4), 19(2) or 19(4) and asked [F30a traffic commissioner] for such a statement.

(2) Paragraph (1) does not apply where—

(a)the traffic commissioner grants an application in the terms applied for; and

(b)no objection or representation has been made in accordance with sections 12(1), 12(4), 19(2) or 19(4).

(3) Where a traffic commissioner makes a direction under section 31 or 32, he shall send a written statement of his reasons to the licence-holder.

PART VIIE+W+S OTHER MATTERS

Identification of motor vehiclesE+W+S

23.—(1) [F31A traffic commissioner] shall, when any motor vehicle to be used under a licence is specified in the licence, issue to the licence-holder a disc in respect of the vehicle.

(2) The disc shall clearly indicate (by colour or other means)—

(a)whether a vehicle is being used under a standard licence or under a restricted licence; F32...

(b)in the case of a vehicle being used under a standard licence, whether the vehicle covers both international and national transport operations or [F33national transport operations only;]

[F34(c)where applicable, that the vehicle is being used under an interim licence, or pursuant to an interim direction, and in such a case, the date the interim licence was issued or the interim direction was given; and

(d)subject to paragraph (5)(b), the date on which the disc expires under paragraph (5)(a).]

(3) The licence-holder shall, during such time as any motor vehicle is specified in the licence and whether or not for the time being the vehicle is being used for the purpose for which a licence is required, cause a disc appropriate to the vehicle to be fixed to, and exhibited in a legible condition on, that vehicle in a waterproof container—

(a)in the case of a vehicle fitted with a front windscreen, on the near side and near the lower edge of the windscreen with the obverse side facing forwards;

(b)in the case of a vehicle not fitted with a front windscreen, in a conspicuous position on the front or near side of the vehicle.

(4) At no time shall any person except [F35a traffic commissioner,] or a person authorised to do so on his behalf, write on or make any other alteration to a disc.

[F36(5) (a) Subject to paragraph (b) and without prejudice to regulation 28, a disc will expire at the end of the last day of the month in which the continuation fee for a licence falls due.

(b)Neither paragraph (a) nor paragraph (2)(d) apply where a disc is issued under an interim licence or pursuant to an interim direction.

(6) For the purposes of paragraph (5)(a)—

(a)“continuation fee” means the fee numbered (iii) as specified in the Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995; and

(b)the month in which such a fee falls due is determined in accordance with that Schedule.]

Temporary addition of a motor vehicleE+W+S

24.  Where—

(a)a motor vehicle specified in an operator’s licence (“the specified vehicle") has been rendered unfit for service, or withdrawn from service for overhaul or repair, and the licence-holder informs [F37a traffic commissioner] of his desire to have a variation of the licence specifying another motor vehicle in its place (“the additional vehicle"); or

(b)the specified vehicle has been rendered fit for service again, and the licence-holder informs [F37a traffic commissioner] of his desire to have a variation of the licence whereby the additional vehicle will cease to be specified on the licence,

the provisions of regulations 4 and 5 shall not apply.

Notification of change of addressE+W+S

25.  If during the currency of a licence the address for correspondence as notified in the licence-holder’s application or as subsequently notified under this regulation ceases to be an effective address for correspondence the licence-holder shall within 28 days from the date of such event notify [F38a traffic commissioner] of an effective address for correspondence.

Production of licence for examinationE+W+S

26.—(1) The licence-holder shall produce the licence for inspection by an officer or a police constable on being required by such a person to do so, and the licence-holder may do so at any operating centre covered by the licence or at his head or principal place of business within the traffic area in which any such operating centre lies or, if the requirement is made by a police constable, at a police station chosen by the licence-holder.

(2) The licence-holder shall comply with any requirement mentioned in paragraph (1) within 14 days of the day on which the requirement is made.

Issue of copies of licences and discsE+W+S

27.—(1) If a licence or disc has been lost, destroyed or defaced, the person to whom it was issued shall forthwith notify in writing [F39a traffic commissioner].

(2) If—

(a)[F40a traffic commissioner] is satisfied that a licence or disc has been lost, destroyed or defaced; and

(b)in the case of a licence or disc which has been defaced, it is surrendered to [F40a traffic commissioner],

[F40a traffic commissioner] shall issue a copy (so marked) which shall have effect as the original licence or disc.

(3) Where a licence or disc has been lost and after a copy has been issued the lost licence or disc is found by or comes into the possession of the licence-holder he shall forthwith return the original licence or disc to [F41a traffic commissioner].

Return of licences and discsE+W+S

28.—(1) If the licence-holder ceases to use under the licence any motor vehicle specified in the licence he shall within 21 days beginning with the date of ceasing to use the vehicle or vehicles notify [F42a traffic commissioner] and return to [F42a traffic commissioner] the licence for variation and the disc relating to the vehicle.

(2) If a licence is varied under section 17, 31, 32 or 36 its holder shall, when required by [F43the traffic commissioner directing the variation] so to do, return to [F43a traffic commissioner]—

(a)the licence; and

(b)if the number of motor vehicles specified in the licence has been reduced, the disc relating to any vehicle no longer specified in the licence.

(3) If a licence is revoked, surrendered, suspended, curtailed or terminated for any other reason, or if a traffic commissioner has given a direction in respect of a licence under section 26(2), the licence-holder shall on or before the date specified in a notice to that effect, send or deliver to [F44a traffic commissioner]—

(a)the licence; and

(b)the disc relating to any motor vehicle which [F45the traffic commissioner giving the direction] may specify,

for cancellation, retention during the time of suspension, or alteration as the case may be.

(4) The notice referred to in paragraph (3) shall be delivered personally to the licence-holder or sent to him by recorded delivery service at the address shown in his application or last notified in accordance with regulation 25.

(5) In the event of [F46a traffic commissioner] deciding to make a variation under paragraph 9 of the Schedule to the Goods Vehicles (Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 1995 M7 the licence-holder shall return the licence to [F46a traffic commissioner] for him to amend the licence so that it conforms to the variation before returning it to the holder.

PartnershipsE+W+S

29.—(1) The provision in section 8(2) that a person shall not at the same time hold more than one operator’s licence in respect of the same area shall apply so that a firm shall be treated as a person separate from any partner of that firm or an individual in any other partnership.

(2) For the purposes of authorising goods vehicles to be used under section 5(1) when the licence-holder is a firm, any vehicle in the lawful possession of any partner of a firm shall be regarded as in the lawful possession of the firm.

(3) The provisions of [F47section 13A(2)] shall apply in any case where an applicant for a standard licence is a firm so that the traffic commissioner is required to satisfy himself that—

(a)every one of the partners of that firm is of good repute;

[F48(b)the firm satisfies the requirements to have an effective and stable establishment in Great Britain and to have appropriate financial standing;]

(c)either—

(i)if one of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or

(ii)the firm employs a transport manager or transport managers who, or if more than one each of whom, is of good repute and professionally competent.

(4) The provisions of [F49section 13B] shall apply in any case where an applicant for a restricted licence is a firm so that the traffic commissioner is required to satisfy himself that everyone of the partners of that firm is not unfit to hold an operator’s licence by reason of any activities or convictions covered by [F49section 13B(a) or (b)].

(5) The provisions of [F50section 13D] shall apply in any case where an applicant is a firm and in such case the financial resources referred to in that subsection shall be those of the firm.

(6) The provisions of section 26 shall apply in any case where the licence-holder is a firm and in such a case any act, omission or conviction of a partner of that firm shall be regarded as the act, omission or conviction of the firm.

[F51(7) The provisions of section 27(1) shall apply in any case where the licence holder is a firm if—

(a)the firm ceases to have an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation);

(b)any partner of the firm ceases to satisfy the requirements of section 13A(2)(b) (good repute);

(c)the firm ceases to have appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation); or

(d)neither the requirement of sub-paragraph (i) nor that of sub-paragraph (ii) of regulation 29(3)(c) (professional competence) is fulfilled.]

(8) The provisions of section 28 shall apply to the revocation of an operator’s licence held by a firm and in such a case the powers conferred by subsections (1) and (4) shall be exercisable in respect of each and every partner of that firm.

(9) Except in a case falling within paragraph (9) any requirement, obligation or prohibition (however expressed) placed on a person making an application or on the licence-holder by, or in pursuance of, a provision in the 1995 Act or these Regulations, shall apply where the licence-holder is a firm and the duty to meet the requirement or obligation or to comply with the prohibition, shall apply to the partners of that firm severally as well as jointly.

(10) Where an application is made by, or the licence-holder is a firm a requirement or obligation placed on the applicant or licence-holder by virtue of sections 8(4), 9(1) or 17(2) of the 1995 Act to inform [F52a traffic commissioner] of a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 to the 1995 Act shall apply in relation to the notifiable conviction of each partner of that firm, and the duty to meet the requirement shall apply to the person convicted.

(11) The provisions in section 16(5) as to the events on which an operator’s licence held by an individual terminates apply in a case where such a licence is held by a firm, if—

(a)the partnership is dissolved; or

(b)one or more of the persons dies or becomes a [F53person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence], or if (in Scotland) a curator bonis is appointed in respect of him, with the result that only one other of such persons who is not such a patient or so incapable remains in the partnership.

(12) In Schedule 3 to the 1995 Act—

(a)the provisions in paragraph 1 as regards determining whether an individual is of good repute apply, in a case of a firm in respect of each of the partners of that firm as they apply to an individual; [F54and]

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the provision in paragraph 8(2) that a company satisfies the requirement as to professional competence if, and so long as, if has a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent shall apply in the case of a firm so that the firm satisfies the said requirement if, and so long as, each of its partners is of good repute, and either—

(i)if one or more of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or

(ii)the firm employs a transport manager or transport managers of its road transport business who, or if more than one each of whom, if of good repute and professionally competent; F56...

F56(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Holding companies and subsidiariesE+W+S

30.—(1) A holding company may apply to [F57a traffic commissioner]—

(a)if it does not already hold a licence in respect [F58of a particular traffic area,] for the issue of a licence [F59in respect of that area]; or

(b)if it already holds a licence in respect of that area, for a variation of its licence by a direction under section 17(1)(a),

which would have the effect, if the application were granted, of including in the licence to be issued to, or already held by, the holding company, goods vehicles in the lawful possession of a subsidiary of that company specified in the application.

(2) An application by a holding company under paragraph (1) shall, unless

(a)the subsidiary is not the licence-holder; or

(b)the licence or variation applied for by the holding company will not take effect until any licence held by the subsidiary has been surrendered or has otherwise terminated,

be accompanied by an application by the subsidiary for the variation of the licence held by the subsidiary by a direction under section 17(1)(b) for the removal therefrom of all or some of the goods vehicles authorised to be used thereunder, being the vehicles to which the application of the holding company relates.

(3) Where a holding company, on an application under paragraph (1) signifies to the traffic commissioner its desire that the provisions of this regulation should have effect as respects a subsidiary of that company, then, in relation to the application and to any licence granted to the holding company, or held by the holding company and varied, on that application, and to the use of any goods vehicles authorised to be used under any such licence, the 1995 Act and these Regulations shall have effect subject to the modifications specified in Schedule 2.

(4) The provisions of this regulation shall cease to have effect as respects a holding company and its subsidiary—

(a)if the holding company gives notice to [F60a traffic commissioner] that it desires that this regulation should, as from any date, cease to apply to the holding company and that subsidiary, as from that date; or

(b)as from the date on which that subsidiary ceases to be a subsidiary of that holding company.

(5) Where by virtue of the provisions of paragraphs (1) to (3) a holding company holds a licence which includes goods vehicles in the lawful possession of a subsidiary of that company, and the holding company gives notice under paragraph (4)(a), then, in relation to any application by the subsidiary for the issue of a licence in respect of all or any of those vehicles, section 10 shall have effect as if for sub-section (1) there were substituted the following sub-section—

“(1) [F61A traffic commissioner] may publish in the prescribed manner notice of any application [F61which is received] for an operator’s licence made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act.”.

(6) Where the provisions of this regulation cease to have effect as respects a holding company and its subsidiary by virtue of paragraph (4)(b) the company which was the holding company shall within 21 days of the event which caused the subsidiary to cease to be a subsidiary of that company—

(a)notify [F62a traffic commissioner], and

(b)supply all material details of the event, and

(c)return to [F63a traffic commissioner] the licence and the discs relating to the motor vehicles authorised to be used thereunder,

and in so far as the holding company fails to satisfy those requirements the company which was the subsidiary company shall, on being so directed by [F63a traffic commissioner], within 7 days of that direction supply the details, or return the licence and the discs, as the case may require.

(7) In a case where the applicant for, or the holder of, a standard licence is a holding company and the goods vehicles used, or to be used, under the licence belong to, or are in the possession of, a subsidiary of that holding company, the provisions of these Regulations apply as if—

(a)the road transport undertaking and any [F64establishment and any] operating centre of the subsidiary were the road transport undertaking and an [F64establishment or] operating centre of the holding company;

(b)for purposes of, or relating to, the reputation and financial standing of the holding company, the activities, relevant convictions and financial resources of the subsidiary were activities, convictions and resources of the holding company; and

(c)in relation to a transport manager, his employment by the subsidiary were employment by the holding company.

Continuance of licence on death, bankruptcy etcE+W+S

31.—(1) In this regulation, “actual holder" in relation to a licence means the person to whom the licence was issued.

(2) This regulation applies in the event—

(a)of the death of the actual holder of a licence;

(b)of the actual holder of a licence becoming a [F65person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the activities covered by the licence], or in Scotland a curator bonis being appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing his property and affairs;

(c)of the bankruptcy of the actual holder of a licence [F66or the making of a debt relief order in respect of the actual holder of a licence (under Part 7A of the Insolvency Act 1986)];

(d)in the case of a company, of the actual holder of a licence going into liquidation or [F67entering administration]; or

(e)of the appointment of a receiver or manager of the trade or business of the actual holder of a licence.

(3) After the happening of either of the events mentioned in paragraphs (2)(a) or (b) [F68a traffic commissioner] may direct that the licence shall not be treated as terminated when the actual holder died or became a [F69person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the activities covered by the licence] but suspended until the date when a direction under paragraph (4) comes into force.

(4) After the happening of any of the events mentioned in paragraph (2) [F70a traffic commissioner] may direct that a person carrying on the trade or business of the actual holder of the licence is to be treated for the purposes of the 1995 Act as if he were the holder thereof for such purpose and to such extent as is specified in the direction for a period not exceeding—

(a)if it appears to the traffic commissioner that there are special circumstances, 18 months;

(b)in any other case, 12 months,

from the date of the coming into force of that direction.

(5) The powers under paragraph (4) shall be exercisable in relation to a standard licence whether or not the person carrying on the trade or business of the actual holder of the licence satisfies the requirement of professional competence.

[F71(5A) In the case of a standard licence, paragraphs (4) and (5) are subject to Article 13.1 of the 2009 Regulation (time limits for rectification).]

(6) Where a person is treated as if he were the licence-holder by virtue of a direction under this regulation—

(a)any goods vehicle which had been in the lawful possession of the actual holder of the licence shall for the purposes of the 1995 Act be treated as if it was in the lawful possession of that person; and

(b)if the licence is a standard licence, nothing in section 27 shall oblige [F72a traffic commissioner] to revoke the licence by reason only of that person not satisfying the requirement of professional competence.

OffencesE+W+S

32.  Any contravention of, or failure to comply with, a provision in regulations 23(3), 23(4), 25, 26, 27(1), 27(3), 28(1), 28(2), 28(3), 28(4) or 30(6), is hereby declared to be an offence and for the purposes of section 57(9) any provision mentioned above shall be regarded as made under the 1995 Act.

Classes of vehicle for which a licence is not requiredE+W+S

33.—(1) The clasess of vehicle specified under section 2(2)(d) as those to which section 2(1) does not apply are the classes mentioned in Part I of Schedule 3.

(2) The relevant plated weight of a goods vehicle, for the purposes of Schedule 1 to the 1995 Act (meaning of “small goods vehicle") is the gross weight not to be exceeded in Great Britain of the vehicle as shown on a Ministry plate as defined in column 2 of the Table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 or, if no such plate has been issued in respect of that vehicle, the maximum gross weight of the vehicle as shown on a plate affixed to the vehicle by virtue of regulation 66 of those Regulations.

Period for service of notice of review on ground of procedural irregularityE+W+S

34.  The period prescribed for the purposes of section 36(2) is two months.

Manner of service of notice of review on ground of procedural irregularityE+W+S

35.  Paragraph 6 of Schedule 4 shall have effect in relation to the serving of notices by [F73a traffic commissioner] on the applicant or (as the case may be) the licence-holder which state his intention to review a decision referred to in section 36(1), and in such a case “section 36(2)(a)"shall be substituted for “this Schedule" in sub-paragraph (1) of that paragraph.

Meaning of “relevant weight"E+W+S

36.—(1) A motor vehicle or trailer of any prescribed class referred to in section 5(3) means any vehicle described in section 2(1) as needing an operator’s licence, and the relevant weight of such a vehicle is its revenue weight.

(2) For purposes of this regulation “revenue weight" shall have the meaning given in section 60A of the Vehicle Excise and Registration Act 1994.

(3) In its application to this regulation, section 60A of that Act shall have effect as if—

(a)subsection (6) of that section were omitted; and

(b)no provision had been made under section 61A(2) of that Act.