Transport Act 2000

155[F1Sanctions]E+W

This section has no associated Explanatory Notes

(1)Where [F2a 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,

[F3(aa)failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,]

[F4(ab)failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,]

(b)operated a local service in contravention of that section or section [F5113J(4) or (5),] 118(4) [F6, 129(1)(b) or 138J(9)] of this Act,

[F7(ba)failed to comply with a requirement imposed by virtue of section [F8123X(7)(c),] 134B(7)(c) [F9or 138S(7)(c)] of this Act, or]

(c)failed to comply with section [F10134F,] 138 or 140(3) of this Act, [F11 or with regulations under section 141A of this Act]

he may [F12make one or more orders under subsection (1A)].

[F13(1ZA)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).]

[F14(1ZB)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).]

[F15(1ZC)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).]

[F16(1ZD)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).]

[F17(1ZE)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).]

[F18(1A)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).]

F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F20The 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.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)After [F22making 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)The operator may appeal to the [F23Upper Tribunal] against [F24the making of the order].

[F25(6A)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).]

[F26(7)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.]

[F27(8)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).]

Textual Amendments

F1S. 155 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(11), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F3S. 155(1)(aa) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 65(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(f)

F4S. 155(1)(ab) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 19(2), 26(3)

F5Words in s. 155(1)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 9

F6Words in s. 155(1)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(2)

F7S. 155(1)(ba) substituted for word in s. 155(1)(b) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 44(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F8Word in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(2)

F9Words in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(3)

F10Word in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 6

F11Words in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(2), 26(3)

F12Words in s. 155(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F13S. 155(1ZA) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(3)

F14S. 155(1ZB) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(4)

F15S. 155(1ZC) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(4)

F16S. 155(1ZD) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(5)

F18S. 155(1A)-(1C) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F20Words in s. 155(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(5), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F22Words in s. 155(5) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(7), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F24Words in s. 155(6) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(8), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F25S. 155(6A)(6B) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(9), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F26S. 155(7) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(10), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

Modifications etc. (not altering text)

Commencement Information

I1S. 155 wholly in force at 1.5.2002; s. 155 not in force at Royal Assent see s. 275(1)(2); s. 155 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10; s. 155 in force (E.) at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3)

Marginal Citations