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SCHEDULES

Sections 8, 9 and 26.

SCHEDULE 2E+W+S Information about, and convictions of, applicants for and holders of operators’ licences

Information to be given under section 8E+W+S

1E+W+SThe information referred to in section 8(4) is the following—

(a)such particulars as the traffic commissioner [F1dealing with the application] may require with respect to the purposes for which the vehicles referred to in the statement under section 8(3) are proposed to be used;

(b)particulars of the arrangements for securing that—

(i)Part VI of the M1Transport Act 1968 (drivers’ hours), and

(ii)the applicable Community rules, within the meaning of that Part,

will be complied with in the case of those vehicles;

(c)particulars of the arrangements for securing that those vehicles will not be overloaded;

(d)particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

(e)particulars of any relevant activities carried on, at any time before the making of the application, by any relevant person;

(f)particulars of any notifiable convictions which have occurred during the five years preceding the making of the application;

[F2(fa)particulars of any notifiable fixed penalty notices which have been issued during those five years;]

(g)particulars of the financial resources which are or are likely to be available to the applicant;

(h)where the applicant is a company, the names of the directors and officers of—

(i)the company, and

(ii)any company of which that company is a subsidiary;

(i)where the vehicles referred to in the statement under section 8(3) are proposed to be operated by the applicant in partnership with other persons, the names of those other persons.

“ Relevant person”

Textual Amendments

F2Sch. 2 para. 1(fa) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(6), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

Marginal Citations

2E+W+SIn this Schedule “relevant person” means any of the following persons, namely—

(a)the applicant;

(b)any company of which the applicant is or has been a director;

(c)where the applicant is a company, any person who is a director of the company;

(d)where the applicant proposes to operate the vehicles referred to in the statement under section 8(3) in partnership with other persons, any of those other persons;

(e)any company of which any such person as is mentioned in sub-paragraph (c) or (d) is or has been a director; or

(f)where the applicant is a company, any company of which the applicant is a subsidiary.

“ Relevant activities”

3E+W+SIn paragraph 1(e) “relevant activities” means any of the following—

(a)activities in carrying on any trade or business in the course of which vehicles of any description are operated;

(b)activities as a person employed for the purposes of any such trade or business; or

(c)activities as a director of a company carrying on any such trade or business.

“ Notifiable convictions”

4E+W+SThe following are “notifiable convictions”, namely—

(a)any conviction of a relevant person of an offence such as is mentioned in paragraph 5, and

(b)any conviction of a servant or agent of a relevant person of an offence such as is mentioned in sub-paragraph (a), (b), (d), (f), (g), (i) or (j) of that paragraph.

OffencesE+W+S

5E+W+SThe offences are—

(a)an offence under section 53 of the M2Road Traffic Act 1988 (plating certificates and goods vehicle test certificates);

(b)an offence committed in relation to a goods vehicle consisting in the contravention of any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)limits of speed and weight laden and unladen, and the loading of goods vehicles; or

(iii)the licensing of drivers;

(c)an offence under—

(i)this Act;

(ii)Part V of the M3Transport Act 1968 or section 233 or 235 of the M4Road Traffic Act 1960 so far as applicable (by virtue of Schedule 10 to the 1968 Act) to licences or means of identification under that Part;

(iii)regulation 33(2) or (3) of the M5Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or

(iv)any regulation made under this Act or the M6Transport Act 1968 which is prescribed for the purposes of this paragraph;

(d)an offence under, or of conspiracy to contravene, Part VI of the Transport Act 1968 (drivers’ hours) committed in relation to a goods vehicle;

(e)an offence under, or of conspiracy to contravene, section 13 of the M7Hydrocarbon Oil Duties Act 1979 (unlawful use of rebated fuel oil) committed in relation to a goods vehicle;

(f)an offence under section 173 or 174 of the M8Road Traffic Act 1988 (forgery, false statements and withholding of information) committed in relation to an international road haulage permit within the meaning of that Act;

(g)an offence under section 2 of the M9International Road Haulage Permits Act 1975 (removing, or causing or permitting the removal of, a goods vehicle or trailer from the United Kingdom in contravention of a prohibition imposed under that section);

(h)an offence under section 74 of the M10Road Traffic Act 1988 (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

(i)an offence under—

(i)section 3 of the M11Control of Pollution Act 1974;

(ii)section 2 of the M12Refuse Disposal (Amenity) Act 1978;

(iii)section 1 of the M13 Control of Pollution (Amendment) Act 1989; or

(iv)section 33 of the M14Environmental Protection Act 1990;

[F3(ia)an offence under [F4regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007[F4regulation 38(1) or (2) of [F5the Environmental Permitting (England and Wales) Regulations 2010] [F5the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)]]] committed in relation to a waste operation (within the meaning of those Regulations).]

(j)an offence committed in relation to a goods vehicle consisting in the contravention of—

(i)any provision (however expressed) prohibiting or restricting the waiting of vehicles which is contained in an order made under section 1, 6, 9 or 12 of the M15Road Traffic Regulation Act 1984, including any such order made by virtue of paragraph 3 of Schedule 9 to that Act (local authority powers to be exercisable also by Secretary of State); or

(ii)any provision which is contained in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of section 2(4) of that Act (lorry routes).

Textual Amendments

Marginal Citations

Repealed enactmentsE+W+S

6(1)In paragraph 5 any reference to an offence under a provision of the M16Road Traffic Act 1988 includes a reference to an offence under any corresponding provision of the M17Road Traffic Act 1972 repealed by the M18Road Traffic (Consequential Provisions) Act 1988.E+W+S

(2)In paragraph 5(j)—

(a)the reference to a provision contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984 includes a reference to a provision contained in an order made under any enactment repealed by the 1984 Act and re-enacted by any of those sections, including any such order made by virtue of section 84A(2) of the M19Road Traffic Regulation Act 1967; and

(b)the reference to a provision contained in a traffic regulation order by virtue of section 2(4) of the 1984 Act includes a reference to a provision included in such an order by virtue of section 1(3AA) of the 1967 Act.

Marginal Citations

Notifiable fixed penalty noticesE+W+S

[F67In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—

(a)issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or

(b)issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).]

Textual Amendments

F6 Sch. 2 para. 7 inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(7), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)