C1C3C4C5C6C7C8C9C10C11C12C13C14C15C16C18Part II Local transport
Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)
Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)
Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)
Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8
Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)
Pt. 2 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)
Pt. 2 functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)
Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)
Pt. 2 functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)
Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)
Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)
Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)
Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)
Financial and competition provisions
I1C2C18C17155C16F10Sanctions
1
Where F15a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
a
failed to operate a local service registered under section 6 of the M1Transport Act 1985,
F11aa
failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,
F17ab
failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,
b
F14ba
c
he may F3make one or more orders under subsection (1A).
F201ZA
Where a traffic commissioner is satisfied that—
a
a person has operated a local service in contravention of section 123J(3) of this Act, and
b
in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
F251ZB
Where a traffic commissioner is satisfied that—
a
a person has operated a local service in contravention of section 138J(9) of this Act, and
b
in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
F211ZC
Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
F261ZD
Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
F271ZE
Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
F121A
The orders are—
a
an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);
b
an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);
c
an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;
d
an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.
1B
An order under subsection (1A)(b) may require the operator to expend money on or towards—
a
the provision of specified local services or specified facilities to be used in connection with such services;
b
specified improvements in such services or facilities.
In this subsection “specified” means specified in the order.
1C
Compensation under subsection (1A)(c)—
a
may take the form of payments of money, or
b
may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;
and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F2The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —
a
£550, or
b
such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
After F6making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—
a
the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
b
the operator.
6
F86A
If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).
6B
That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).
F97
An amount ordered to be paid under subsection (1A)(a) or (6A) is—
a
payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and
b
recoverable as a civil debt.
F18
Other provisions that may need to be considered include the following provisions of the Transport Act 1985—
a
sections 26 and 27 (attachment of conditions to PSV operator's licence),
b
sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).
Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)