C1PART I Preliminary
Traffic Areas and Traffic commissioners
4CF2Power of senior traffic commissioner to give guidance and directions
1
The senior traffic commissioner may give to the traffic commissioners—
a
guidance, or
b
general directions,
as to the exercise of their functions under any enactment.
This subsection is subject, in relation to Scotland, to subsection (5) below F4and, in relation to Wales, to subsection (6) below.
2
The guidance that may be given under subsection (1)(a) above includes guidance as to—
a
the meaning and operation of any enactment or instrument relevant to the functions of traffic commissioners;
b
the circumstances in which, and the manner in which, a traffic commissioner should exercise any power to impose any sanction or penalty;
c
matters which a traffic commissioner should or should not take into account when exercising any particular function.
3
The directions that may be given under subsection (1)(b) above include directions as to—
a
the circumstances in which, and the manner in which, officers or servants of a traffic commissioner may exercise any function for or on behalf of the traffic commissioner, and any conditions which such officers or servants must meet before they may do so;
b
the information which a traffic commissioner must ask to be supplied in connection with the exercise of any particular function, and the steps which must be taken to verify the accuracy of any information so supplied;
c
the procedure to be adopted in conducting inquiries under section 54 of this Act, section 35 of the Goods Vehicles (Licensing of Operators) Act 1995 or any other enactment;
d
the manner in which a traffic commissioner must or may publish his decisions;
e
circumstances in which a traffic commissioner must consult some, or all, of the other traffic commissioners before exercising any particular function.
4
The senior traffic commissioner must consult each of the following persons before giving any guidance or directions under subsection (1) above—
a
the Secretary of State;
b
the Scottish Ministers, if the senior traffic commissioner considers it appropriate;
c
the Welsh Ministers, if the senior traffic commissioner considers it appropriate;
d
such of the other traffic commissioners as the senior traffic commissioner considers appropriate;
e
such organisations representative of the interests of local government, of London government, of Integrated Transport Authorities F1, of combined authoritiesF5established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, of combined county authorities established under section 9(1) of the Levelling-up and Regeneration Act 2023 and of Passenger Transport Executives as the senior traffic commissioner considers appropriate;
f
such organisations representative of the interests of users of public passenger transport services as the senior traffic commissioner considers appropriate;
g
such organisations representative of passenger transport operators, and of road haulage operators, as the senior traffic commissioner considers appropriate;
and such other persons as the senior traffic commissioner considers appropriate.
5
The only guidance or directions under this section which the senior traffic commissioner may give to the Scottish traffic commissioner are guidance or directions as to the exercise of functions that relate to reserved matters within the meaning of the Scotland Act 1998.
F36
The senior traffic commissioner may not give guidance or directions under this section as to the exercise of a function so far as the function could (apart from paragraph 8 of Schedule 7B to the Government of Wales Act 2006) be conferred or imposed by provision falling within the legislative competence of the National Assembly for Wales.
Pt. I (ss. 1–5) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)