Transport Act 1968

94 Transitional provisions and amendments

(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) The Minister may, if he thinks fit, by order provide for section 65 of this Act to have effect in relation to any, or any class of, persons who on any day appointed for the purposes of that section under section 166(2) of this Act hold, or have applied for, operators' licences, and may by that order make such provisions as he thinks necessary or expedient for securing that the necessary matters are specified in those licences for giving effect to that section as aforesaid.

(4) If, on the appointed day for the purposes of section 71 of this Act, a person is the holder of a relevant carrier's licence, that is to say, a carrier's licence under which a large goods vehicle is an authorised vehicle, that section shall not apply to the use by him of any vehicle which is an authorised vehicle under that licence—

(a) until the expiration of the period of three weeks beginning with—

(i) the date on which he ceases to hold that licence; or

(ii) the date on which he ceases to hold any other relevant carrier's licence of which he is the holder on that appointed day and which was granted to him by the same licensing authority, whichever is the earlier; and

(b) if before the expiration of that period he duly applies—

(i) for a special authorisation covering the use of that vehicle; or

(ii) if he already holds a special authorisation which does not cover the use of that vehicle, for a variation thereof so that it does cover the use of that vehicle,

until that application, and any appeal under section 80 of this Act arising out of the application, are disposed of;

but, during any time for which the said section 71 does not by virtue of this subsection apply to the use by him of that vehicle, the relevant carrier's licence shall be deemed to be held by him and to be in force notwithstanding that he has ceased to be the holder thereof.

(5) Without prejudice to so much of subsection (4) of this section as provides that a licence is to be deemed during any period to be held by a person and to be in force—

(a) regulations may make provision for enabling a licensing authority, in such circumstances and subject to such conditions as may be specified in regulations, to direct that any carrier's licence granted by the authority which is held by any person on the appointed day for the purposes of section 71 of this Act shall expire on a date earlier than that on which it would have expired under the provisions of section 169 of the Act of 1960 (which relates to the duration of carrier's licences); and

(b) a person who is the holder of a carrier's licence on the appointed day aforesaid may, by notice to the licensing authority by whom the licence was granted, surrender that licence from such date as may be specified in the notice, and as from that date the licence shall cease to have effect.

(6) Where a carrier's licence granted by the licensing authority for any area expires by virtue of a direction given under subsection (5)(a) of this section, then, if on an application for a special authorisation made to the licensing authority for that area by the person who was the holder of the licence, it appears to the licensing authority—

(a) that the application could not be granted, or could not be granted in full, if it were determined in accordance with section 74 of this Act; but

(b) that the applicant would suffer financial hardship if the powers of the authority under this subsection were not exercised,

the licensing authority may, notwithstanding anything in that section, grant the applicant a special authorisation which is such as to permit him to continue to provide, until the date on which the licence would apart from that direction have expired, or for any shorter period, a transport service corresponding to that which he was entitled to provide under the licence.

(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; and

(b) the enactments specified in Part IV of Schedule 18 to this Act shall cease to have effect to the extent specified in the third column of that Part;

but, if the appointed day for the purposes of this subsection is the same as that for the purposes of section 71 of this Act, this subsection shall not affect the operation of those enactments in relation to any carrier's licence held by any person on that day during the period for which it is, or by virtue of subsection (4) of this section is deemed to be, in force after that day.

(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 [1959 c. 69.] 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.