Goods Vehicles (Licensing of Operators) Act 1995

Changes over time for: Section 14

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Goods Vehicles (Licensing of Operators) Act 1995, Section 14 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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s. 5(6)(6A) substituted for s. 5(6) by 2000 c. 38 s. 263

14 Determinations where objections etc are made on environmental grounds.E+W+S

(1)This section applies to any application for [F1a heavy goods vehicle] licence in respect of which—

(a)any objection is duly made under section 12(1)(b), or

(b)any representations are duly made under section 12(4).

(2)A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place [F2in the traffic area concerned] which, if the licence were issued, would be an operating centre of the holder of the licence—

(a)the parking of [F3heavy goods] vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or

(b)the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds.

(3)[F4A traffic commissioner] may not refuse an application for [F5a heavy goods vehicle] licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if—

(a)on the date the application was made, that place was already specified in [F6a heavy goods vehicle] licence F7... as an operating centre of the holder of that licence, or

(b)the applicant has produced to [F8a traffic commissioner] a certificate in force in respect of that place under—

(i)section 191 or 192 of the M1Town and Country Planning Act 1990, or

[F9(ii)section 150 or 151 of the Town and Country Planning (Scotland) Act 1997;]

stating that its use as an operating centre for [F10heavy goods] vehicles used under any [F11heavy goods vehicle] licence is or would be lawful.

(4)Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in [F12a heavy goods vehicle] licence as an operating centre of the holder of that licence.

(5)A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in [F13a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in [F13a heavy goods vehicle] licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—

(a)the [F14heavy goods vehicle] licence in which that place was specified was an interim licence issued under section 24; or

(b)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(c)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F15a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(6)Where in the case of any application for [F16a heavy goods vehicle] licence—

(a)[F17a traffic commissioner] has power to refuse the application under subsection (2), and

(b)any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his,

the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre.

(7)For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.

Textual Amendments

F1Words in s. 14(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(1)

F2Words in s. 14(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F3Words in s. 14(2)(a) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(2)

F4Words in s. 14(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F5Words in s. 14(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(3)(a)

F6Words in s. 14(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(3)(b)

F7Words in s. 14(3)(a) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F8Words in s. 14(3)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F9S. 14(3)(b)(ii) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 59(2)

F10Words in s. 14(3) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(3)(c)(i)

F11Words in s. 14(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 34(3)(c)(ii)