Public Passenger Vehicles Act 1981

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, [F1 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

F1 Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 3

Modifications etc. (not altering text)

C1 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.

F2 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 5 omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(3) (with Sch. 3 Pt. 1)

6 [F3 (1)] F4 ... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,— E+W+S

[F5 (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.

[F6 (1A) The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.]

[F7 (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 [F8 the 2009 Regulation].

(3) The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [F9 Annex III to that Regulation and must have security features in compliance with Annex II to that Regulation].]

Textual Amendments

F3 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))

F4 Words in Sch. 3 para. 6(1) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(a) (with Sch. 3 Pt. 1)

F5 Sch. 3 para. 6(1)(a) substituted (1.10.1999) by S.I.1999/2431, reg. 4(1) (with reg. 6(3))

F6 Sch. 3 para. 6(1A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(b) (with Sch. 3 Pt. 1)

F7 Sch. 3 para. 6(2)(3) inserted (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))

F8 Words in Sch. 3 para. 6(2) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(c) (with Sch. 3 Pt. 1)

F9 Words in Sch. 3 para. 6(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(d) (with Sch. 3 Pt. 1)

7 E+W+S 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 M1 Transport Act (Northern Ireland) 1967; or

(c) a body or authority designated by another member State for the purposes of [F10 Article 8.3 of the 2009 Regulation];

and “the requisite skills” means [F11 knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to [F12 that Regulation] in the subjects there listed.]

Textual Amendments

F10 Words in Sch. 3 para. 7 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(5)(a) (with Sch. 3 Pt. 1)

F11 Words in definition of “the requisite skills” substituted (1.10.1999) by S.I. 1999/2431, reg. 4(3)(b) (with reg. 6(3)

F12 Words in Sch. 3 para. 7 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(5)(b) (with Sch. 3 Pt. 1)

Marginal Citations

M1 1967 c. 37 (N.I.).