Public Passenger Vehicles Act 1981

Section 14(2) and 17(6).

SCHEDULE 3 E+W+S Supplementary Provision as to Qualifications for PSV Operator’s Licence

Good repute E+W+S

1 (1) In determining whether an individual is of good repute, [F1 a traffic commissioner] shall have regard to all the relevant evidence and in particular to—

(a) relevant convictions of his and of his employees and agents; and

(b) such other information as the [F2 commissioner] may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business.

(2) In determining whether a company is of good repute, [F1 a traffic commissioner] shall have regard to all the relevant evidence and in particular to—

(a) relevant convictions of the company and its officers, employees and agents; and

(b) such other information as the [F2 commissioner] may have as to previous conduct of—

(i) the company’s officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company; and

(ii) each of the company’s directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business.

[F3 (3) A traffic commissioner shall determine that an individual is not of good repute if he—

(a) has been convicted of serious offences; or

(b) has been repeatedly convicted of road transport offences.

(4) For the purposes of sub-paragraph (3)(a) above a serious offence is—

(a) an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4 on the standard scale or a community service order for more than sixty hours was imposed; and

(b) any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.

(5) For the purposes of sub-paragraph (3)(b) above a road transport offence is—

(a) an offence under the law in force in any part of the United Kingdom relating to road transport, including in particular drivers’ hours and rest periods, the weights and dimensions of commercial vehicles and road and vehicle safety; and

(b) any corresponding offence under the law of a country or territory outside the United Kingdom.

(6) In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental health and “a community service order” means an order under section 14 of the Powers of Criminal Courts Act M1 1973 or the Community Service by Offenders (Scotland) Act M2 1978.

(7) In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to a civil offence (wherever committed) within the meaning of the Army Act M3 1955, the Air Force Act M4 1955 or the Naval Discipline Act M5 1957.

(8) For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a traffic commissioner may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction.

(9) Sub-paragraph (3) above is without prejudice to the power of a traffic commissioner to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned.

(10) In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder, of, a PSV operator’s licence.]

Textual Amendments

F1 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(a)

F2 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(a)

F3 Sch. 3 para 1(3)–(10) inserted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 1

Modifications etc. (not altering text)

C1 Sch. 3 para. 1 amended by S.I. 1986/1628, reg. 5(1), Sch.

Marginal Citations

M1 1973 c.62(39:1).

M2 1978 c.49(39:1).

M3 1955 c.18(7:1).

M4 1955 c.19(7:1).

M5 1957 c.53(7:1).

Appropriate financial standing E+W+S

2

2 [F4 (1) Being of appropriate financial standing in relation to an application for, or holder of, a PSV operator’s licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence.

(2) An applicant for, or the holder of, such a licence authorising the use of vehicles for international operations shall not be considered to be of appropriate financial standing unless he has available capital and reserves of an amount equal to at least—

(a) 3,000 European Currency Units multiplied by the number of vehicles which are to be or are used under the licence; or

(b) 150 European Currency Units multiplied by the number of passenger seats in that number of vehicles,

whichever is the less.]

Textual Amendments

F4 By S.I. 1990/1851, reg. 2, Sch. para. 2 it is provided (subject to a saving in reg. 2(2) and with application as mentioned in reg. 2(3)) that the existing provisions of para. 2 shall become sub-para. (1) of that para. and that there shall be inserted para 2(2)

Professional competence E+W+S

3 E+W+S References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, [F5 it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent].

Textual Amendments

F5 Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 3

Modifications etc. (not altering text)

C2 Sch. 3 para 3 amended by S.I. 1986/1628, reg. 5(1), Sch.

4 E+W+S Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.

5 [F6 (1)] Where the holder of a PSV operator’s licence [F7 relies on a single transport manager] to satisfy the requirement as to professional competence and that manager— E+W+S

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

(b) ceases to work for the business; or

(c) ceases to be of good repute,

the holder shall nevertheless not be treated as failing to satisfy that requirement until the expiry of such period as in the opinion of the relevant traffic [F8 commissioner] is reasonably required for the appointment of a new transport manager.

[F9 (2) Where the holder of a PSV operator’s licence is a company with two or more transport managers and any of them ceases to be of good repute the company shall nevertheless not be treated as failing to satisfy the requirement as to professional competence until the expiry of such period as in the opinion of the relevant traffic commissioner is reasonably required for his removal or the appointment of a transport manager in his place.]

Textual Amendments

F6 Sub-para. renumbered by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 5

F7 Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 4

F8 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(b)

F9 Sub-para. (2) inserted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 5

Modifications etc. (not altering text)

C3 Sch. 3 para 5 amended by S.I. 1986/1628, reg. 5(1), Sch.

6 [F10 (1)] Subject to paragraph 10 below, an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,— E+W+S

[F11 (a) he has demonstrated that he possesses the requiste 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 paragraph by the Secretary of State.

[F12 (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.

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

Textual Amendments

F10 Sch. 3 para. 6 renumbered as Sch. 3 para. 6(1) (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))

F11 Sch. 3 para. 6(1)(a) substituted (1.10.1999) by S.I.1999/2431, reg. 4(1) (with reg. 6(3))

F12 Sch. 3 para. 6(2)(3) inserted (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))

6 Subject to paragraph 10 below, an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—

(a) [F16 he has demonstrated possession of the requisite skills by passing a written examination, which may take the form of a multiple-choice examination, organised by an approved body and he is the holder of a certificate to that effect issued by that approved body]; or

(b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Secretary of State.

Textual Amendments

F16 Words substituted by S.I. 1990/2641, reg. 2(1), Sch. para. 1

7 In paragraph 6 above “approved body” means—

(a) a body approved by the Secretary of State for the purposes of that paragraph; or

(b) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the M6 Transport Act (Northern Ireland) 1967; or

(c) a body or authority designated by another member State for the purposes of Article 2(4) of Council Directive (EEC) 74/562 of 12th November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations [F13 as amended by Council Directive (EEC) No. 89/438 of 21st June 1989];

and “the requisite skills” means skills in the subjects listed in Part A of the Annex to [F14 the first of those Directives as amended by the second] and, in the case of a licence to cover international operations, also skills in the subjects listed in Part of that Annex.

Textual Amendments

F13 Words added by S.I. 1990/2641, reg. 2(1), Sch. para. 2

F14 Words substituted by S.I. 1990/2641, reg. 2(1), Sch. para. 3

Marginal Citations

M6 1967 c. 37 (N.I.).

Persons engaged in road passenger transport before 1st January 1978 E+W+S

8 (1) Paragraphs 9 and 10 below apply only to persons applying for, and to holders of, standard licences. E+W+S

(2) For the purposes of those paragraphs, an individual or company was authorised to engage in the occupation of road passenger transport operator at any time if, and only if, at that time—

(a) he was the holder, or one of the joint holders, of a public service vehicle licence under section 127 of the M7 Road Traffic Act 1960, or the corresponding provision of the law of Northern Ireland, relating to a vehicle adapted to carry more than eight passengers; or

(b) he was by virtue of a permit under Regulation 20 of the M8 Public Service Vehicles (Licences and Certificates) Regulations 1952, or the corresponding provision of the law of Northern Ireland, deemed to be the holder or one of the joint holders of such a licence; or

(c) he was so authorised under the law of another member State; or

(d) he was the transport manager of a person within paragraph (a), (b) or (c).

Modifications etc. (not altering text)

C4 Sch. 3 para. 8 amended by S.I. 1986/1628, reg. 5(1), Sch.

Marginal Citations

M7 1960 c. 16.

M8 S.I. 1952/900.

9 (1) An individual or company authorised to engage in the occupation of road passenger transport operator at any time before 1st January 1978 shall be deemed until the contrary is proved to satisfy the requirements to be of good repute and appropriate financial standing and, if so authorised before 1st January 1975, also to satisfy the requirement as to professional competence. E+W+S

(2) An applicant for a standard licence, or for the variation of such a licence, shall not be obliged to furnish to the traffic [F15 commissioner] in support of his application information relating to a requirement which is deemed to be satisfied by virtue of sub-paragraph (1) above unless it appears to the [F15 commissioner] that there are grounds for thinking that the requirement is not in fact satisfied.

Textual Amendments

F15 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(a)

10 E+W+S For the purpose of Part II of this Act, an individual shall be regarded as professionally competent if he was authorised to engage in the occupation of road passenger transport operator before 1st January 1978 and was so authorised—

(a) for a period of, or for periods amounting in the aggregate to, two years during the period 1st January 1975 to 31st December 1979; or

(b) at any time in the period 1st January 1970 to 31st December 1974.