PART V E+W+S Miscellaneous and Supplementary

Supplementary provisionsE+W+S

82 General interpretation provisions.E+W+S

(1)In this Act, unless the context otherwise requires—

  • “certificate of initial fitness” has the meaning given by section 6.

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “company” means a body corporate;

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “contravention”, in relation to any condition or provision includes a failure to comply with the condition or provision, and “contravene” shall be construed accordingly;

  • “director”, in relation to a company, includes any person who occupies the position of a director, by whatever name called;

  • “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly;

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “fares” include sums payable in respect of a contract ticket or a season ticket;

  • “international operation” means a passenger transport operation starting or terminating in the United Kingdom and involving an international journey by the vehicle concerned, whether or not any driver leaves or enters the United Kingdom with that vehicle;

  • “local authority” means—

    (a)

    in relation to England and Wales, any local authority within the meaning of the M1Local Government Act 1972;

    (b)

    in relation to Scotland, a [F4council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • [F5“local service” has the same meaning as in the Transport Act 1985;]

  • “magistrates’ court” [F6has the same meaning] as in the M2Magistrates’ Courts Act 1980;

  • “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

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

  • “national operation” means a passenger transport operation wholly within the United Kingdom;

  • “official PSV testing station” has the meaning given by section 8(3);

  • “operating centre”, in relation to a vehicle, means the base or centre at which the vehicle is normally kept;

  • “operator” has the meaning given by section 81;

  • “owner”, in relation to a vehicle which is the subject of an agreement for hire, hire-purchase, conditional sale or loan, means the person in possession of the vehicle under that agreement, and references to owning a vehicle shall be construed accordingly;

  • “prescribed” has the meaning given by section 60(2);

  • [F7“prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed]

  • “PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of this Act;

  • “public service vehicle” has the meaning given by section 1;

  • [F8“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 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;

  • [F9“the 2009 Regulation (EU)” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 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, as that Regulation has effect in EU law;]

  • [F10“the 2011 Regulation” means Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004;]

  • [F11“Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006, as that Regulation has effect in EU law]

  • “relevant conviction” means a conviction (other than a spent conviction) of any offence prescribed for the purposes of this Act, or an offence under the law of Northern Ireland, or of a country or territory outside the United Kingdom, corresponding to an offence so prescribed;

  • “restricted licence” means such a PSV operator’s licence as is mentioned in section 13(3);

  • “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes [F12except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984];

  • [F13“the Scottish traffic commissioner” is to be read in accordance with section 4(1)(b) (the traffic commissioner for the Scottish Traffic Area);]

  • F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “standard licence” means a PSV operator’s licence which is not a restricted licence;

  • “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M3Interpretation Act 1978;

  • [F16“traffic commissioner” means a commissioner appointed under section 4;]

  • “tramcar” includes any carriage used on any road by virtue of an order made under the M4Light Railways Act 1896;

  • [F17“transport manager” has the same meaning as in the 2009 Regulation;]

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(1A)References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.]

(2)Any reference in this Act to [F20an EU] instrument or to a particular provision of such an instrument—

(a)is a reference to that instrument or provision as amended from time to time, and

(b)if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

[F21(3)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.]]

Textual Amendments

F1S. 82(1): definition repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix

F4S. 82(1): words in definition of "local authority" inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 121(4) (with s.128(8)); S.I. 1996/323, art. 2

F6Words in definition of “magistrates court” substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 37 (with Sch. 14 para. 7(2))

F21S. 82(3) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 36 (ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations