Goods Vehicles (Licensing of Operators) Act 1995

Offences E+W+S

5 E+W+S The offences are—

(a) an offence under section 53 of the M1 Road 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 M2 Transport Act 1968 or section 233 or 235 of the M3 Road 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 M4 Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or

(iv) any regulation made under this Act or the M5 Transport 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 M6 Hydrocarbon 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 M7 Road 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 M8 International 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 M9 Road 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 M10 Control of Pollution Act 1974;

(ii) section 2 of the M11 Refuse Disposal (Amenity) Act 1978;

(iii) section 1 of the M12 Control of Pollution (Amendment) Act 1989; or

(iv) section 33 of the M13 Environmental Protection Act 1990;

[F1 (ia) an offence under [F2 regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007[F2 regulation 38(1) or (2) of the Environmental Permitting (England and Wales) Regulations 2010]] 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 M14 Road 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

F1 Sch. 2 para. 5(ia) inserted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 24(2) (with reg. 72, Sch. 4)

F2 Words in Sch. 2 para. 5(ia) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 12 (with reg. 1(2), Sch. 4)

Marginal Citations

M1 1988 c. 52.

M2 1968 c. 73.

M3 1960 c. 16.

M4 S.I. 1984/176.

M5 1968 c. 73.

M6 1979 c. 5.

M7 1988 c. 52.

M8 1975 c. 46.

M9 1988 c. 52.

M10 1974 c. 40.

M11 1978 c. 3.

M12 1989 c. 14.

M13 1990 c. 43.

M14 1984 c. 27.