Transport Act 1968

91 Regulations and orders for purposes of Part V

(1) The Minister may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may make regulations with respect to the following matters—

(a) the procedure on applications for, and the determination of questions in connection with, the grant and variation of operators' licences and special authorisations, and the procedure under, and the determination of questions for the purposes of, sections 69 and 79 of this Act;

(b) the issue of operators' licences and special authorisations and the issue on payment of the prescribed fee of copies of such licences or authorisations in the case of licences or authorisations lost or defaced ;

(c) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being authorised vehicles or as vehicles used under a special authorisation or under section 71(4) of this Act;

(d) the custody of operators' licences and special authorisations, the production, return and cancellation of such licences or authorisations on expiration or on the giving of a direction under section 69 or 79 of this Act, and the custody, production and return of documents and plates;

(e) the notification to the licensing authority of vehicles which have ceased to be used under an operator's licence or special authorisation ;

(f) the repayment in the prescribed circumstances of fees paid under this Part of this Act;

(g) the circumstances in which goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him;

and different regulations may be made as respects different classes of vehicles.

(2) The power conferred by subsection (1) of this section to make regulations with respect to the means by which vehicles are to be identified as being authorised vehicles or as vehicles used under a special authorisation shall include power to require that any such means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator's licence or special authorisation is required.

(3) The Minister may by regulations substitute for any weight, distance, volume or area specified by or under this Part of this Act a weight, distance, volume or area expressed in terms of the metric system, being a weight, distance, volume or area which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

(4) The Minister may make regulations—

(a) for providing that any provision of this Part of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed ;

(b) for applying section 71 of this Act and the other provisions of this Part of this Act relating to special authorisations, subject to such modifications as may be prescribed, to the carriage of goods on journeys between places in Great Britain and places outside Great Britain;

and different provision may be made by the regulations for different classes of case.

(5) A definition or description of a class of vehicles for the purposes of any regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

(6) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding £20.

(7) Any order or regulations made by the Minister under this Part of this Act or Schedule 9 thereto shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Before making any regulations under this Part of this Act or the said Schedule 9, the Minister shall consult with such representative organisations as he thinks fit.