Transport Act 1968

69 Revocation, suspension and curtailment of operators’ licences. E+W+S

(1) Subject to the provisions of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, [F1 terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act] or curtailed on any of the following grounds—

(a) that the holder of the licence has contravened. . . F2 or any condition attached to his licence under section 66 of this Act;

(b) that during the five years ending with the date on which the direction is given there has been (whether before or after the day on which this section comes into force)—

(i) any such conviction as is mentioned in [F3 paragraphs (a) to (ffff)] of subsection (4) of this section or any such prohibition as is mentioned in paragraph (h) of that subsection; or

(ii) any such conviction as is mentioned in paragraph (g) of that subsection on occasions appearing to the licensing authority to be sufficiently numerous to justify the giving of a direction under this subsection;

(c) that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for the variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of intention or expectation which has not been fulfilled;

(d) that the holder of the licence has been adjudicated bankrupt or, where the holder is a company, has gone into liquidation (not being a voluntary liquidation for the purpose of reconstruction);

(e) that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence;

(f) that the licence is liable to revocation, suspension, [F1 premature termination] or curtailment by virtue of a direction under subsection (6) of this section;

and during any time of suspension the licence shall be of no effect.

(2) In any case in which a licensing authority has power to give a direction under the foregoing subsection in respect of any licence, the authority shall also have power to direct that there be attached to the licence any, or any additional, condition such as is mentioned in section 66 of this Act.

(3) Where the existence of any of the grounds mentioned in subsection (1) of this section is brought to the notice of the licensing authority in the case of the holder of any licence granted by him, the authority shall consider whether or not to give a direction under this section in respect of that licence.

[F4 (3A) Where the ground mentioned in subsection (1) of this section consists of a conviction mentioned in paragraph (ff) of subsection (4) of this section and there has been, within the 5 years preceding that conviction a previous conviction of the holder of the licence of the offence referred to in that paragraph, the licensing authority shall give a direction under this section to revoke the licence.]

(4) The convictions and prohibitions mentioned in subsection (1)(b) of this section are as follows—

(a) a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his [F5 of an offence under section 46 of the Road Traffic Act 1972 [F6 or section 53 of the Road Traffic Act 1988] (plating certificates and goods vehicle test certificates) or], of contravening 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;

(iii) the licensing of drivers;

(b) a conviction of the holder of the licence under—

(i) this Part of this Act. . . F7 ;

(ii) section 233 or 235 of the Act of 1960 so far as applicable (by virtue of Schedule 10 to this Act) to licences, authorisations or means of identification under this Part of this Act. . . F7 ;

(iii) any regulation made under this Act which is prescribed for the purposes of this subsection;

(c) a conviction, in relation to a goods vehicle, of the holder of the licence or a servant or agent of his under, or of conspiracy to contravene, Part VI of this Act or section 73 or 186 of the Act of 1960;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(e) a conviction, in relation to a goods vehicle, of the holder of the licence under, or of conspiracy to contravene, section 200 of the M1 Customs and Excise Act 1952, [F9 section 11 of the M2 Hydrocarbon Oil (Customs and Excise) Act 1971 or section 13 of the M3 Hydrocarbon Oil Duties Act 1979] (unlawful use of rebated fuel oil);

[F10 (ee) a conviction of the holder of the licence or a servant or agent of his of a contravention, in relation to an international road haulage permit, within the meaning of [F11 the Road Traffic Act 1988, of section 169 or 170 of the Road Traffic Act 1972 or of section 173 or 174 of the Road Traffic Act 1988];

(eee) a conviction of the holder of the licence or a servant or agent of his under section 2 of the M4 International Road Haulage Permits Act 1975].

(f) a conviction of the holder of the licence under section 18 of the M5 Royal Safety Act 1967 [F12 or section 59 of the Road Traffic Act 1972][F13 or section 74 of the Road Traffic Act 1988] (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

[F14 (ff) a conviction of the holder of a licence of an offence under Regulation 33(2) of the Goods Vehicles (Operators’ Licences Qualifications and Fees) Regulations 1984;

(fff) a conviction of the holder of the licence of an offence under Regulation 33(3) of the said Regulations of 1984;]

[F15 (ffff) a conviction of the holder of the licence or a servant or agent of his under—

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

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

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

(iv) section 33 of the Environmental Protection Act 1990.]

(g) a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his, of contravening

[F16 (i)] any provision (however expressed) which prohibits or restricts the waiting of vehicles, being a provision contained in an order made under section 1, 6, 9 or [F17 12 of the M6 Road Traffic Regulation Act 1984 (including any such order made by virtue of paragraph 3 of Schedule 9 to that Act) or under any enactment repealed by that Act and re-enacted by any of those sections(including any such order made by virtue of section 84A(2) of the Road Traffic Regulation Act 1976);]

[F18 or

(ii) any provision included in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of [F19 section 2(4) of the Road Traffic Regulation Act 1984 (lorry routes) or section 1(3AA) of the Road Traffic Regulation Act 1967]].

(h) a prohibition of the use of a vehicle under section 184 of the Act of 1960 or of the driving of a vehicle under section 16 of the M7 Road Safety Act 1967 [F12 or section 57 of the M8 Road Traffic Act 1972][F20 or section 69 or 70 of the Road Traffic Act 1988], being a vehicle of which the holder of the licence was the owner when the prohibition was imposed.

(5) Where the licensing authority directs that an operator’s licence be revoked, the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining an operator’s licence, and so long as the disqualification is in force—

(a) notwithstanding anything in section 64 of this Act, no operator’s licence shall be granted to him and any operator’s licence obtained by him shall be of no effect; and

(b) if he applies for or obtains an operator’s licence he shall be liable on summary conviction to a fine not exceeding [F21 level 4 on the standard scale].

An order under this subsection may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of the area of one or more specified licensing authorities and, if the order is so limited, paragraphs (a) and (b) of this subsection shall apply only to any operator’s licence to which the order applies; but, notwithstanding section 61(2)(b) of this Act, no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in an area in respect of which he is disqualified by virtue of the order.

(6) Where the licensing authority makes an order under subsection (5) of this section in respect of any person, the authority may direct that if that person, at any time or during such period as the authority may specify—

(a) is a director of, or holds a controlling interest in—

(i) a company which holds a licence of the kind to which the order in question applies; or

(ii) a company of which such a company as aforesaid is a subsidiary; or

(b) operates any goods vehicles in partnership with a person who holds such a licence,

that licence of that company, or, as the case may be, of that person, shall be liable to revocation, suspension [F22 , premature termination] or curtailment under this section.

(7) The powers conferred by subsections (5) and (6) of this section in relation to the person who was the holder of a licence shall be exercisable also, where that person was a company, in relation to any director of that company, and, where that person operated the authorised vehicles in partnership with other persons, in relation to any of those other persons.

[F23 (7A) Where a licensing authority directs that an operator’s licence be suspended or curtailed, the authority may order that—

(a) in the case of a suspension, any motor vehicle specified in the licence may not be used under any other operator’s licence, notwithstanding any authorisation under section 61(1)(c) of this Act, or

(b) in the case of a curtailment having the effect of removing any motor vehicle from the licence, the motor vehicle may not be used as mentioned in paragraph (a) above and shall not be capable of being effectively specified in any other operator’s licence,

and an order made under this subsection shall cease to have effect on such date, not being more than 6 months after the order is made, as may be specified therein or, if it is earlier, on the date on which the licence which is directed to be suspended or curtailed ceases to be in force.]

(8) A licensing authority who has made an order or given a direction under subsection (5), (6) [F24 (7) or (7A)] of this section may, in such circumstances as may be prescribed, cancel that order or direction.

(9) A licensing authority shall not—

(a) give a direction under subsection (1) or (2) of this section in respect of any licence; or

(b) make an order or give a direction under subsection (5), (6) or (7) of this section in respect of any person,

[F25 or

(c) make an order under subsection (7A) of this section in respect of any vehicle]without first holding an inquiry if the holder of the licence or that person, as the case may be, requests him to do so.

(10) The licensing authority may direct that any direction or order given or made by him under subsection (1), (2), (5), (6) [F26 (7) or (7A)] of this section shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this subsection the holder of the licence, or, as the case may be, the person in respect of whom the direction or order was given or made under any of those subsections, may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

(11) For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital as defined in [F27 section 744 of the Companies Act 1985].

Textual Amendments

F1 Words inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(1)

F2 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F3 Words in s. 69(1)(b)(i) substituted (01.04.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 10(2)(a); S.I. 1991/2829,art. 4.

F4 S. 69(3A) inserted by S.I. 1984/176, reg. 36(3)(b)

F5 Words inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(2)

F6 Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(2)(a)

F7 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F8 S. 69(4)(d) repealed by Employment Act 1980 (c. 42, SIF 43:5), Sch. 2

F9 Words inserted by Hydrocarbon Oil Duties Act 1979 (c. 5, SIF 40:1), Sch. 6 para. 2

F10 S. 69(4)(ee)(eee) inserted by International Road Haulage Permits Act 1975 (c. 46, SIF 126), s. 3(1)

F11 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(2)(b)

F12 Words inserted by Road Traffic Act 1972 (c. 20, SIF 107:1), Sch. 7

F13 Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(2)(c)

F14 S. 69(4)(ff)(fff) inserted by S.I. 1984/176, reg. 36(3)(c)

F15 S. 69(4)(ffff) inserted (01.04.1992)by virtue of Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 10(2)(b); S.I.1991/2829,art. 4.

F16 Word inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(2)

F17 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144, Sch. 13 para. 6(a)

F18 Words added by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(2)

F19 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144, Sch. 13 para. 6(b)

F20 Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(2)(d)

F21 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F22 Words inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(3)

F23 S. 69(7A) inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(4)

F24 Words substituted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(5)

F25 Words inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(6)

F26 Words substituted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 4(7)

F27 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27) s. 30, Sch. 2

Marginal Citations

M1 1952 c. 44.

M2 1971 c. 12.

M3 1979 c. 5.(40:1).

M4 1975 c. 46.(126).

M5 1967 c. 30.

M6 1984 c. 27.(107:1).

M7 1967 c. 30.

M8 1972 c. 20.(107:1).