Transport Act 1968

30 Permit for certain bus services in lieu of road service licence

(1) Subject to the provisions of this section, the traffic commissioners for any traffic area may, on an application in that behalf, grant a permit—

(a) for the use by the applicant on a route in that area of any vehicle as a stage carriage for providing a road service which is to be provided by him by means of vehicles none of which is adapted to carry more than twelve passengers; or

(b) for the use by the applicant on a route in that area of any vehicle as a stage carriage or express carriage at any time when that vehicle (not being a vehicle belonging to a local education authority or, in Scotland, an education authority) is being used for providing transport in pursuance of arrangements made under section 55(1) of the [1944 c. 31.] Education Act 1944 or section 51(1) of the [1962 c. 47.] Education (Scotland) Act 1962 ;

and a road service licence shall not be required for any use of a vehicle authorised by such a permit; and accordingly in subsection (1) of section 134 of the Act of 1960 (which prohibits the use of a vehicle as a stage carriage or express carriage except under a road service licence) at the end there shall be added the words " or under a permit granted under section 30 of the Transport Act 1968 ".

(2) The traffic commissioners shall not grant a permit under the foregoing subsection unless they are satisfied that there are no other transport facilities available to meet the reasonable needs of the proposed route and, in the case of a permit under paragraph (b) of that subsection, that the local education authority or education authority with whom the arrangements were made have consented to the use of the vehicle in question as mentioned in that paragraph.

(3) It shall be a condition of any permit granted under paragraph (b) of subsection (1) of this section that persons other than pupils to whom the arrangements relate or who are permitted to be carried in the vehicle pursuant to section 12 of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953 shall be carried only to the extent to which the passenger accommodation in the vehicle is not, and is not likely to be, required for those pupils, and the traffic commissioners may attach to any permit under that subsection such other conditions as they may think fit for securing that—

(a) the fares shall not be unreasonable;

(b) copies of the time-table and fare-table shall be carried and shall be available for inspection in vehicles used on the service;

(c) passengers shall not be taken up or shall not be set down except at specified points or shall not be taken up or shall not be set down between specified points,

and generally for securing the safety and convenience of the public.

(4) The traffic commissioners may from time to time vary in such manner as they think fit the conditions attached to a permit granted by them under this section.

(5) Any permit granted under this section by any traffic commissioners may be revoked, or have its operation suspended, by them on the ground that any condition attached to the permit has not been complied with, but the commissioners shall not exercise their powers under this subsection unless, owing to the frequency of the breach of conditions on the part of the person to whom the permit was granted, or to the breach having been committed wilfully, onto the danger to the public involved in the breach, the commissioners are satisfied that they should exercise those powers.

(6) Subject to subsection (5) of this section, a permit under this section shall have effect for the period of three years beginning with the date on which it is expressed to take effect, or

for such shorter period beginning with that date as maybe specified in the permit, but if at the expiration of that period proceedings are pending before the traffic commissioners on an application by the holder—

(a) for a further permit in substitution for his existing permit ; or

(b) for a road service licence authorising him to continue the activities carried on by him by virtue of his existing permit,

the existing permit shall continue to have effect until the application, and, in the case of an application for a road service licence, any appeal to the Minister arising out of the application, is disposed of.

(7) So much of subsection (3) of section 153 of the Act of 1960 as requires not less than two commissioners to be present at the hearing of an application shall not apply to any application under this section, but, save as aforesaid, the provisions of that subsection and of subsections (1), (4) and (5) of that section (discretion of commissioners as to public sittings, power to delegate functions to single commissioner and provision for rehearing in case of disagreement) shall have effect in relation to the functions of the commissioners, and to applications, under this section.

(8) The following provisions of the Act of 1960, that is to say—

• sections 135(7) and 136(2) (traffic commissioners to notify police and local authorities of grant, revocation and suspension of road service licences);

• section 156 (records);

• section 159 (fees);

• section 233 (forgery); and

• section 235 (fraudulent applications),

shall apply, subject to any necessary modifications, to permits under this section as they apply to road service licences, and section 263 of that Act (protection of public interests) shall have effect as if a permit granted under this section were a licence granted under Part III of that Act and as if this section were contained in that Part.

(9) In paragraph 2(1)(e) of Schedule 3 to the [1966 c. 33.] Prices and Incomes Act 1966 (which deals with the application of that Act in relation to fares fixed by means of a condition attached to a road service licence) references to such a licence shall include references to a permit under this section.

(10) Any expression used in this section which is also used in the Act of 1960 has the same meaning in this section as in that Act.