SCHEDULES

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

Professional competenceE+W+S

3E+W+SReferences 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, [F1it 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

Modifications etc. (not altering text)

C1Sch. 3 para 3 amended by S.I. 1986/1628, reg. 5(1), Sch.

4E+W+SWhere 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.

F25E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 3 para. 5 modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(6))

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 [F8the 2009 Regulation].

(3)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [F9Annex III to that Regulation and must have security features in compliance with Annex II to that Regulation].]

Textual Amendments

F3Sch. 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))

F4Words 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)

F5Sch. 3 para. 6(1)(a) substituted (1.10.1999) by S.I.1999/2431, reg. 4(1) (with reg. 6(3))

F7Sch. 3 para. 6(2)(3) inserted (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))

[F107(1)In paragraph 6 above—E+W+S

(a)“approved body” means—

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

(ii)a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967; or

(iii)a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU);

(b)“the requisite skills” means 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 the 2009 Regulation in the subjects there listed.

(2)In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).]

Textual Amendments