Transport Act 1968

Transitional provisions and amendments E+W+S

94 Transitional provisions and amendments. E+W+S

(1) Where, before the day on which section 60 of this Act comes into force in relation to any vehicles, an application for an operator’s licence is made in respect of those vehicles by a person who is the holder of a carrier’s licence in respect of all or any of those vehicles, section 63 of this Act shall not apply to the application and section 64 of this Act shall apply to it with the omission of subsection (2)(b), (c) and (e).

(2) Notwithstanding section 171(3) of the Act of 1960 (which requires an application for a C licence under Part IV of that Act to be made to the licensing authority for the area in which the principal place of business of the applicant or his head office is situated), any application for such a licence in respect of vehicles which consist of or include vehicles in relation to which section 60 of this Act has come into force shall be made to the licensing authority (within the meaning of the said Part IV) for the area containing the operating centre or operating centres of the vehicles proposed to be used under the licence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(7) The enactments specified in Part I of Schedule 10 to this Act shall have effect subject to the amendments there specified.

(8) On the appointed day for the purposes of this subsection—

(a) the enactments specified in Part II of Schedule 10 to this Act shall have effect subject to the amendments there specified;. . . F3

(b) . . . F3

. . . F4

(9) Regulations may provide for the repayment in the prescribed circumstances of fees paid under section 182 of the Act of 1960 in respect of carriers’ licences which are in force on the appointed day for the purpose of the last foregoing subsection.

(10) If on the appointed day for the purposes of subsection (8) of this section—

(a) the operation of a wages regulation order in force under Part II of the M1 Wages Councils Act 1959 depends on whether or not a vehicle is, or is deemed to be, specified in an A licence or a B licence granted under Part IV of the Act of 1960; or

(b) the description of the workers in relation to whom the Road Haulage Wages Council operates under that Act is such as to depend on whether or not a vehicle is, or is deemed to be, specified as aforesaid,

then, for the purposes of that order and that description, any vehicle which immediately before that day is, or for those purposes is deemed to be, specified as aforesaid, shall be treated as so specified on and after that day; and if on or after the day on which section 93 of this Act comes into force the operation of any such order depends on the matters mentioned in paragraph (a) of this subsection, or the description of the workers in relation to whom the said Council operates is such as mentioned in paragraph (b) of this subsection, then, for the purposes of that order and that description, any vehicle not specified as aforesaid shall be treated as so specified if used wholly or mainly for a purpose for which, but for the said section 93, an A licence or a B licence would be required.

Textual Amendments

F1 S. 94(3) repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F2 Ss. 71(1)–(5)(7)(9)(10), 72–80, 87(2), 94(4)–(6) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F3 Word and s. 94(8)(b) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

F4 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

Modifications etc. (not altering text)

C1 The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2 S. 94(10) restricted by Post Office Act 1969 (c. 48), s. 81(3)

Marginal Citations

M1 1959 c. 69.