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Conditions attached to licencesE+W+S

21 Conditions [F1attached to heavy goods vehicle licences] for securing road safety.E+W+S

(1)On issuing [F2a heavy goods vehicle] licence, or on varying such a licence under section 17, a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing [F3heavy goods] vehicles that are authorised to be used under it from causing danger to the public—

(a)at any point where [F4heavy goods] vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and

(b)on any road (other than a public road) along which [F5heavy goods] vehicles are driven between such a point and the operating centre.

(2)On varying [F6a heavy goods vehicle] licence under section 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.

(3)[F7A traffic commissioner] shall not—

(a)attach to [F8a heavy goods vehicle] licence any condition such as is mentioned in this section, or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to [F9a heavy goods vehicle] licence under this section,

[F7unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner] with respect to the effect on his business of the proposed condition or variation.

(4)The traffic commissioner shall give special consideration to any representations made under subsection (3) in determining whether to attach the proposed condition or make the proposed variation.

(5)In this section “public road”—

(a)in relation to England and Wales, means a highway maintainable at the public expense for the purposes of the M1Highways Act 1980; and

(b)in relation to Scotland, has the same meaning as in the M2Roads (Scotland) Act 1984.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

Marginal Citations

22 Conditions [F10attached to operators’ licences] as to matters required to be notified to traffic commissioner.E+W+S

(1)On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder [F11to inform a traffic commissioner] —

(a)of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;

(b)where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or

(c)of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of [F12a traffic commissioner] in relation to the licence.

(2)On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

(a)a condition requiring the licence-holder to inform [F13a traffic commissioner] of any event which could affect the fulfilment by the licence-holder of any of the requirements of [F14section [F1513A]] , and to do so within 28 days of the event; and

(b)a condition requiring the licence-holder to inform [F13a traffic commissioner] of any event which could affect the fulfilment by a F16... transport manager of [F17one or more of] the requirements [F18set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3], and to do so within 28 days of the event coming to the licence-holder’s knowledge.

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform [F20a traffic commissioner] of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.

(5)For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in [F21section 548 of the Companies Act 2006]) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding [F22level 5] on the standard scale.

Textual Amendments

23 Conditions [F23attached to heavy goods vehicle licences] as to use of operating centres.E+W+S

(1)On issuing [F24a heavy goods vehicle] licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place [F25in the traffic area to which the licence relates] as an operating centre of the licence-holder.

(2)The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

(a)the number, type and size of [F26heavy goods vehicles] which may at any one time be at any operating centre of the licence-holder F27... for any prescribed purpose;

(b)the parking arrangements to be provided [F28for heavy goods vehicles] at or in the vicinity of any such centre; and

(c)the hours at which operations of any prescribed description may be carried on at any such centre.

(3)On varying [F29a heavy goods vehicle] licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.

(4)[F30A traffic commissioner] shall not—

(a)attach any condition such as is mentioned in this section to [F31a heavy goods vehicle] licence, or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to [F32a heavy goods vehicle] licence under this section,

[F30unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner] with respect to the effect on his business of the proposed condition or variation.

(5)The traffic commissioner shall give special consideration to any representations made under subsection (4) in determining whether to attach the proposed condition or make the proposed variation.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments