C6PART I Preliminary

Annotations:
Modifications etc. (not altering text)

Definition and classification of public service vehicles

C1C21 Definition of “public service vehicle”.

1

Subject to the provisions of this section, in this Act “public service vehicle” means a motor vehicle (other than a tramcar) which—

a

being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or

b

being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.

C32

For the purposes of subsection (1) above a vehicle “is used” as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.

3

A vehicle carrying passengers at separate fares in the course of a business of carrying passengers, but doing so in circumstances in which the conditions set out in Part I, . . . F1 or III of Schedule 1 to this Act are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.

4

For the purposes of this section a journey made by a vehicle in the course of which one or more passengers are carried at separate fares shall not be treated as made in the course of a business of carrying passengers if—

a

the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey; and

b

the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began;

and for the purposes of paragraph (a) above the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.

C45

For the purposes of this section, . . . F2 and Schedule 1 to this Act—

a

a vehicle is to be treated as carrying passengers for hire or reward if payment is made for, or for matters which include, the carrying of passengers, irrespective of the person to whom the payment is made and, in the case of a transaction effected by or on behalf of a member of any association of persons (whether incorporated or not) on the one hand and the association or another member thereof on the other hand, notwithstanding any rule of law as to such transactions;

C5b

a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;

C5c

a payment shall be treated as made for the carrying of a passenger if made in consideration of a person’s being given a right to be carried, whether for one or more journeys and whether or not the right is exercised.

C56

Where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of subsection (5) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator’s control, part of that journey may be made by road.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Traffic Areas and Traffic commissioners

3 Traffic areas.

1

For the purposes of this Act Great Britain shall be divided into the Metropolitan, Northern, Yorkshire, North-Western, West Midland, East Midland, Eastern, South Wales, Western, South-Eastern and Scottish Traffic Areas.

2

The Secretry of State may from time to time by order vary the provisions of this Act constituting traffic areas, either by altering the limits of an existing traffic area or by increasing or reducing the number of traffic areas or otherwise as he may think fit.

3

An order under this section for varying the number or limits of traffic areas may contain such consequential and incidental provisions, including provisions—

a

as to the effect of licences previously issued, and consents previously given, by the traffic F4commissioner for any traffic area abolished or otherwise affected;

b

as to the effect of applications for licences or consents previously made to any such traffic F4commissioner, as to the traffic F4commissioner to whom applications relating to any such area may be made between the date of the order and the date as from which the abolition of, or other change in, the area is to have effect, and as to the traffic F4commissioner by whom and the places at which any such application may be heard, either before or after the last mentioned date;

c

as to the continuance of appeals pending against decisions of the traffic F4commissioner for any traffic area abolished or otherwise affected; and

d

as to the recovery of any sums due, at the date as from which a traffic area is abolished, to the traffic F4commissioner for that area,

as appear to the Secretary of State to be necessary or expedient in consequence of the variations of areas to be affected by the order.

4

The power to make orders conferred by this section shall be exercisable by statutory instrument which shall be laid before Parliament after being made, and an order under this section shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

F54 Traffic commissioners.

1

There shall be a commissioner for each traffic area constituted for the purposes of this Act.

2

The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area.

3

The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment.

4

Any person appointed to be the traffic commissioner for a traffic area shall—

a

act under the general directions of the Secretary of State; and

b

vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty’s pleasure.

5

Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain.

6

Schedule 2 to this Act shall have effect with respect to traffic commissioners.

F775 Publication of information by traffic commissioners.

1

Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed.

2

Where the traffic commissioner for a traffic area publishes information under this section he shall—

a

send a copy of the publication–

i

to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and

ii

where that traffic area falls wholly or partly within London, to London Regional Transport; and

b

make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one.

3

In this section “local authority” means—

a

in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and

b

in Scotland, any regional or islands council.

C20PART II General Provisions Relating to Public Service Vehicles

Annotations:
Modifications etc. (not altering text)

Fitness of public service vehicles

6 Certificate of initial fitness (or equivalent) required for use as public service vehicles.

1

A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—

a

a certifying officer F78or an authorised inspector has issued a certificate (in this Act referred to as a “certificate of initial fitness”) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle; or

b

a certificate under section 10 of this Act has been issued in respect of the vehicle; or

c

there has been issued in respect of the vehicle a certificate under section 47 of the M11Road Traffic Act 1972 F79or sections 55 to 58 of the Road Traffic Act 1988 (type approval) of a kind which by virtue of regulations is to be treated as the equivalent of a certificate of initial fitness.

F80C421A

Without prejudice to the powers of the Secretary of State under section 7 of this Act in relation to the exercise by certifying officers of their functions, regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.

2

Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding F81level 4 on the standard scale.

7 Certifying officers and public service vehicle examiners.

1

For the purpose of the provisions of this Act with respect to the certification of fitness of vehicles, the Secretary of State may with the approval of the Minister for the Civil Service, appoint such officers (in this Act referred to as “certifying officers”) as he thinks fit, and those officers shall perform such duties in relation to the examination of vehicles, the issue of certificates of initial fitness and otherwise, as the Minister may require.

2

The Secretary of State may, with the approval of the Minister for the Civil Service, appoint as public service vehicle examiners such persons as he considers necessary for the purpose of the inspection of public service vehicles within the several traffic areas and for the purpose of the discharge of such other duties as he considers can conveniently be discharged by persons acting as such examiners, and for that purpose may, with the concurrence of the Secretary of State concerned, make arrangements with any police authority for the appointment of members of their police force for this purpose.

3

A certifying officer or public service vehicle examiner shall, in exercising any of the functions of such an officer or examiner, act under the general directions of the Secretary of State.

4

There shall be paid to or in respect of certifying officers and public service vehicle examiners such remuneration and such salaries or allowances, if any, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine.

8 Powers of, and facilities for, inspection of public service vehicles.

1

A certifying officer or public service vehicle examiner, on production if so required of his authority—

a

may at any time inspect any public service vehicle, and for that purpose—

i

may enter the vehicle; and

ii

may detain the vehicle during such time as is required for the inspection;

b

may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that there is a public service vehicle.

F821A

for the purposes of subsection (1)(b) above, a vehicle which is used to carry passengers for hire or reward only under a permit granted under section 19 or 22 of the Transport Act 1985 (permits relating to the use of vehicles by educational and other bodies or in providing community bus services) shall be treated as not being a public service vehicle.

2

A person who intentionally obstructs a certifying officer or public service vehicle examiner acting in the exercise of his powers under subsection (1) above shall be liable on summary conviction to a fine not exceeding F83level 3 on the standard scale.

3

The Secretary of State may—

a

provide and maintain stations where inspections of public service vehicles for the purposes of this Act may be carried out;

b

designate premises as stations where such inspections may be carried out; and

c

provide and maintain apparatus for the carrying out of such inspections;

and in this Act “official PSV testing station” means a station provided, or any premises for the time being designated, under this subsection.

9 Power to prohibit driving of unfit public service vehicles.

1

If on any inspection of a public service vehicle it appears to a certifying officer or public service vehicle examiner F84or an authorised inspector that owing to any defects therein the vehicle is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road either—

a

absolutely; or

b

for one or more specified purposes; or

c

except for one or more specified purposes.

2

A prohibition under subsection (1) above may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station.

3

Where a certifying officer or examiner F85or authorised inspector prohibits the driving of a vehicle under subsection (1) above, he shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—

a

specifying the defects which occasioned the prohibition;

b

stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and

c

stating whether the prohibition is to come into force immediately or at the end of a specified period.

4

If the person to whom written notice of a prohibition is given under subsection (3) above as being the person in charge of the vehicle at the time of the inspection is not—

a

the operator of the vehicle; or

b

if there is no operator at that time, the owner of the vehicle,

the officer or examiner F85or authorised inspector shall as soon as practicable take steps to bring the contents of the notice to the attention of the said operator or owner.

5

If, in the opinion of the certifying officer or examiner F86or authorised inspector concerned, the defects in the vehicle in question are such that driving it, or driving it for any purpose prohibited by the notice given to the person in charge of it, would involve danger to F87the driver or to passengers or other members of the publicF87any person, the prohibition under subsection (1) above with respect to the vehicle shall come into force as soon as that notice has been given.

6

In any other case a prohibition under subsection (1) above shall come into force at such time not later than ten days from the date of the inspection as seems appropriate to the certifying officer or examiner F88or authorised inspector having regard to all the circumstances.

7

Where a notice has been given under subsection (3) above, any certifying officer or public service vehicle examiner F89or an authorised inspector may—

a

grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose or purposes as may be specified in the exemption;

b

by endorsement on the notice vary its terms and, in particular—

i

alter the time at which the prohibition is to come into force, or suspend it if it has come into force; or

ii

cancel a direction under subsection (2) above with which the prohibition was imposed.

8

Subject to any subsisting direction under subsection (2) above, a prohibition under subsection (1) above with respect to any vehicle may be removed by any certifying officer or public service vehicle examiner F90or an authorised inspector if he is satisfied that the vehicle is fit for service; F91and a person aggrieved by the refusal of a public service vehicle examiner F92or certifying officerF90or an authorised inspector to remove a prohibition may make an application to the traffic F93commissioner for any area to have the vehicle inspected

F94a

in the case of a refusal by a public service vehicle examiner, by a certifying officer; and

b

in the case of a refusal by a certifying officer, by another certifying officer;

and where such an application is made, the certifying officer to whom the matter is referred by the F93commissioner shall, if he considers that the vehicle is fit for service, remove the prohibition.

9

Except in such cases as may be prescribed, a person who—

a

knowingly drives a vehicle in contravention of a prohibition under subsection (1) above; or

b

subject to section 68(3) of this Act, causes or permits a vehicle to be driven in contravention of such a prohibition,

shall be liable on summary conviction to a fine not exceeding F95level 5 on the standard scale.

F9610

Any removal of a prohibition under subsection (1) above shall be made by notice in writing.

F979A Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles.

1

Section 8 of this Act shall apply, with the omission of subsection (1)(b), to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.

2

Section 9 of this Act shall apply to any such motor vehicle as it applies to a public service vehicle with the omission of subsection (4).

10 Approval of type vehicle and effect thereof.

P21

Where the Secretary of State is satisfied in respect of one vehicle of a particular type that the prescribed conditions as to fitness are fulfilled in respect of the vehicle he may, on payment of the prescribed fee, approve the vehicle as a type vehicle.

2

Where a type vehicle has been approved under this section and a declaration in the prescribed form has been made by a person authorised by the Secretary of State in that behalf that any other vehicle conforms in design, construction and equipment with the type vehicle, the certifying officer may, after examining if he thinks fit that other vehicle, issue a certificate in the prescribed form that the vehicle conforms to the type vehicle.

3

The Secretary of State may at any time withdraw his approval of a type vehicle and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 6 of this Act.

Annotations:
Subordinate Legislation Made
P2

S. 60 (with ss.10(1) and 52(1)(a)) power exercised by S.I.1991/456

11 Modification of section 6 in relation to experimental vehicles.

1

Where it appears to the Secretary of State expedient to do so for the purpose of the making of tests or trials of a vehicle or its equipment, he may by order made in respect of that vehicle for the purposes of section 6 of this Act dispense with such of the prescribed conditions as to fitness referred to in subsection (1)(a) of that section as are specified in the order.

2

While such an order is in force in respect of a vehicle, section 6 of this Act shall have effect in relation to the vehicle as if the prescribed conditions as to fitness referred to in subsection (1)(a) of that section did not include such of those conditions as are dispensed with by the order.

3

An order under this section shall specify the period for which it is to continue in force, and may contain, or authorise the imposition of, requirements, restrictions or prohibitions relating to the construction, equipment or use of the vehicle to which the order relates.

4

Where an order under this section in respect of a vehicle is revoked or otherwise ceases to have effect, any certificate of initial fitness issued under section 6 of this Act in respect of the vehicle while the order was in force shall, for the purposes of that section as regards any use of the vehicle after the order has ceased to have effect, be deemed never to have been issued.

Public service vehicle operators’ licences

12PSV operators’ licences. C7

F6C81

A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator’s licence granted in accordance with the following provisions of this Part of this Act.

2

The authority having power to grant a PSV operator’s licence is the traffic F7commissioner for any traffic area in which, if the licence is granted, there will be one or more operating centres of vehicles used under the licence; and, subject to the provisions of this Part of this Act, a PSV operator’s licence authorises the holder to use anywhere in Great Britain vehicles which have their operating centre in the area of the traffic F7commissioner by whom the licence was granted.

C9C103

A person may hold two or more PSV operators’ licences each granted by the traffic F7commissioner for F8a different area, but shall not at the same time hold more than one such licence granted by the F7commissioner for the same area.

4

An application for a PSV operator’s licence shall be made in such a form as the traffic F9commissioner may require, and an applicant shall give the F9commissioner such information as F10he may reasonably require for disposing of the application.

5

Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding F11level 4 on the standard scale.

13 Classification of licences.

1

A PSV operator’s licence may be either a standard licence or a restricted licence.

2

A standard licence authorises the use of any description of public service vehicle and may authorise use either—

a

on both national and international operations; or

b

on national operations only.

3

A restricted licence authorises the use (whether on national or international operations) of—

a

public service vehicles not adapted to carry more than eight passengers; and

b

public service vehicles not adapted to carry more than sixteen passengers when used—

ii

otherwise than in the course of a business of carrying passengers; or

ii

by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers.

4

For the purposes of subsection (3)(b)(i) above, a vehicle used for carrying passengers by a local or public authority shall not be regarded as used in the course of a business of carrying passengers unless it is used by the public service vehicle undertaking of that authority.

14 Grant of licences.

C431

An application for a standard licence shall not be granted unless the traffic F98commissionerF99is satisfied that the applicant meets the following requirements, namely—

a

the requirement to be of good repute;

b

the requirement to be of appropriate financial standing; and

c

the requirement as to professional competence;

and an application for a restricted licence shall not be granted unless the traffic F98commissionerF99is satisfied that the applicant meets the requirements to be of good repute and of appropriate financial standing.

2

The provisions of Schedule 3 to this Act shall have effect for supplementing the provisions of subsection (1) above, and for modifying the operation of that subsection in the case of persons engaged in road passenger transport before 1st January 1978.

3

Notwithstanding that it appears to the traffic F100commissioner on an application for a standard or restricted licence that the requirements mentioned in subsection (1) above are met, the application shall not be granted unless the F100commissionerF101is further satisfied—

a

that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

b

that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

C444

If on an application for a PSV operator’s licence the traffic F102commissionerF103determines that the relevant requirements mentioned in subsection (1) above and the further requirements mentioned in subsection (3) above are satisfied F103he shall, subject to the provisions of sections 15 and 16 of this Act, grant the licence in accordance with the application.

F10414A Objections to application for PSV operator’s licence. C45

1

Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in section 14(1) and (3) of this Act are not satisfied in relation to the application.

2

An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.

3

The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.

4

In this section “local authority” means—

a

in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and

b

in Scotland, a regional or islands council.

5

This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).

15 Duration of licences. C46

1

There shall be specified in every PSV operator’s licence the date on which the licence is to come into force and the date on which it is to expire; and, subject to subsection (2) below, the last-mentioned date shall be such as will make the duration of the licence such period not exceeding five years as the traffic F105commissioner on granting the licence F105considers appropriate in the circumstances.

2

F106A traffic commissioner on granting a PSV operator’s licence may direct that the duration of the licence shall be such period not exceeding five years as is in the opinion of the F106commissioner desirable in order to arrange a reasonably convenient programme of work for F107him.

3

If, immediately before a PSV operator’s licence is due to expire, proceedings are pending before the traffic F108commissioner on an application by the holder of that licence for the grant to him of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of this Act.

4

Where an application is made to the traffic F109commissioner by the holder of a PSV operator’s licence for the grant to him of a new licence to take effect on the expiry of the existing licence and the traffic F110commissioner decides not to grant the new licence, F109he may direct that the existing licence continue in force for such period as appears to F109him reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

16 Conditions attached to licences. C47

1

F111Subject to subsection (1A) below and section 12(7) of the Transport Act 1985F112A traffic commissioner on granting a PSV operator’s licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the area of F112that commissioner) which the holder of the licence may at any one time use under the licence.

F113C481A

In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.

C492

Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.

3

F114A traffic commissioner may (whether at the time when the licence is granted or at any time thereafter) attach to a PSV operator’s licence granted by F115him such conditions or additional conditions as F114he thinks fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.

4

Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator’s licence may stop to take up or set down passengers.

C505

The traffic F116commissioner by whom a PSV operator’s licence was granted may at any time while it is in force vary the licence by—

a

altering in such manner as F117he thinks fit any condition attached under subsection (3) above to the licence; or

b

removing any condition so attached to the licence.

6

On the application of the holder of a PSV operator’s licence, the traffic F118commissioner by whom the licence was granted may at any time while it is in force—

a

vary the conditions attached under subsection (1) above to the licence; or

b

exercise F118his powers (whether of alteration or removal) under subsection (5) above;

and a person making an application under this subsection shall give to the traffic F118commissioner such information as F118he may reasonably require for the discharge of F118his duties in relation to the application.

7

Subject to section 68(3) of this Act, if a condition attached to a PSV operator’s licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding F119level 3 on the standard scale.

8

Compliance with any condition attached to a PSV operator’s licence . . . F120F121(other than a condition so attached under subsection (1A) above) may be temporarily dispensed with by the traffic F122commissioner by whom the licence was granted if F123he is satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.

9

It is hereby declared that the conditions attached under subsection (1) F124or (1A) above to a PSV operator’s licence granted by the traffic F125commissioner for any area do not affect the use by the holder of the licence of a vehicle—

a

under a PSV operator’s licence granted to him by the traffic F125commissioner for another area; or

b

in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).

F1216A Conditions as to matters required to be notified.

1

On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

a

a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 14(1) of this Act, and to do so within 28 days of the event; and

b

a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 14(1)(a) or (c) of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.

2

In subsection (1)(b) above the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 14(1)(c) of this Act.

3

Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations:
Amendments (Textual)
F12

S. 16A and sidenote inserted (1.10.1999) by S.I. 1999/2431, reg. 5

17 Revocation, suspension etc. of licences.

C511

The traffic F126commissioner by whom a standard licence was granted shall revoke the licence if it appears to F126him at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.

C522

Without prejudice to subsection (1) above, the traffic F127commissioner by whom a PSV operator’s licence was granted may, on any of the grounds specified in subsection (3) below, at any time—

a

revoke the licence;

b

suspend the licence for such period as F128he directs (during which time it shall be of no effect);

c

curtail the period of validity of the licence;

d

vary any condition attached under subsection (1) of section 16 of this Act to the licence, or attach to the licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.

3

The grounds for action under subsection (2) above are—

a

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 a 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;

b

that there has been a contravention of any condition attached to the licence;

c

that a prohibition under section 9 of this Act has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under subsection (9) of that section;

C53d

in the case of a restricted licence, that the holder no longer satisfies the requirement to be of good repute or the requirement to be of appropriate financial standing;

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.

F129f

the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators’ licences should be liable to be revoked, suspended, etc.) has effect

4

F130A traffic commissioner shall not take any action under subsection (1) or (2) above in respect of any licence without first holding F131an inquiry if the holder of the licence requests F132him to do so.

5

Where F133a traffic commissioner decides to revoke a licence under this section, F134he may direct that the revocation shall not take effect for such period as appears to F134him reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

6

The provisions of Schedule 3 to this Act shall apply for the purposes of subsections (1) and (3)(d) above as they apply for the purposes of section 14(1) of this Act.

F1317A Assessors to assist traffic commissioners.

1

In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.

2

A traffic commissioner shall pay to any such assessor, in respect of his services, such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

18 Duty to exhibit operator’s disc. C54

C551

Where a vehicle is being used in circumstances such that a PSV operator’s licence is required, there shall be fixed and exhibited on the vehicle in the prescribed manner an operator’s disc issued under this section showing particulars of the operator of the vehicle and of the PSV operator’s licence under which the vehicle is being used.

2

F135A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted with a number of operators’ discs equal to the maximum number of vehicles which he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) F136or (1A) of this Act; and if F137(in the case of any condition or conditions attached under section 16(1)) that maximum number is later increased on the variation of one or more of those conditions, the traffic F138commissioner on making the variation shall supply him with further operators’ discs accordingly.

3

Regulations may make provision—

a

as to the form of operators’ discs and the particulars to be shown on them;

b

with respect to the custody and production of operators’ discs;

c

for the issue of new operators’ discs in place of those lost, destroyed or defaced;

d

for the return of operators’ discs on the revocation or expiration of a PSV operator’s licence or in the event of a variation of one or more conditions attached to a licence under section 16(1) of this Act having the effect of reducing the maximum number of vehicles which may be used under the licence.

4

Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding F139level 3 on the standard scale.

19 Duty to inform traffic commissioners of relevant convictions etc.C11

C121

A person who has applied for a PSV operator’s licence shall forthwith notify the traffic F14commissioner to whom the application was made if, in the interval between the making of the application and the date on which it is disposed of, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.

C132

It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to the traffic F15commissioner by whom the licence was granted of—

a

any relevant conviction of the holder; and

b

any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder’s road passenger transport business,

and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder’s knowledge in any other case.

C143

It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—

a

the bankruptcy or liquidation of the holder, or the sequestration of his estate F16or the making of an administration order under F17Part II of the Insolvency Act 1986 in relation to the holder or the appointment of a receiver, manager or trustee of his road passenger transport business; or

b

any change in the identity of the transport manager of the holder’s road passenger transport business,

to give notice in writing of that event to the traffic F18commissioner by whom the licence was granted.

4

F19A traffic commissioner on granting or varying a PSV operator’s licence, or at any time thereafter, may require the holder of the licence to inform F20him forthwith or within a time specified by F20him of any material change specified by F20him in any of F19the holder’s circumstances which were relevant to the grant or variation of the licence.

5

Subject to section 68(1) of this Act, a person who fails to comply with subsection (1), (2) or (3) above or with any requirement under subsection (4) above shall be liable on summary conviction to a fine not exceeding F21level 3 on the standard scale.

20 Duty to give traffic commissioners information about vehicles. C56

1

It shall be the duty of the holder of a PSV operator’s licence, on the happening to any public service vehicle owned by him of any failure or damage of a nature calculated to affect the safety of occupants of the public service vehicle or of persons using the road, to report the matter as soon as is practicable F140to the F141Secretary of StateF140in accordance with regulations made by virtue of subsection (2A) below.

2

It shall be the duty of the holder of a PSV operator’s licence, on any alteration otherwise than by replacement of parts being made in the structure or fixed equipment of any public service vehicle owned by him, to give notice of the alteration as soon as is practicable F140to the F141Secretary of StateF140in accordance with regulations made by virtue of subsection (2A) below.

F142C572A

Regulations may make provision—

a

for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;

b

for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and

c

for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a public service vehicle examiner or an authorised inspector.

3

The traffic F143commissioner by whom a PSV operator’s licence was granted may—

a

require the holder of the licence to supply F143him forthwith or within a specified time with such information as F143he may reasonably require about the public service vehicles owned by F144the holder and normally kept at an operating centre within the area of F144that commissioner, and to keep up to date information supplied by F144the holder under this paragraph; or

b

require the holder or former holder of the licence to supply F143him forthwith or within a specified time with such information as F143he may reasonably require about the public service vehicles owned by F144the holder or former holder at any material time specified by F143him which were at that time normally kept at an operating centre within the area of F144that commissioner.

In this subsection “material time” means a time when the PSV operator’s licence in question was in force.

4

Subject to section 68(1) of this Act, a person who fails to comply with the provisions of subsection (1) or (2) above or with any requirement under subsection (3) above shall be liable on summary conviction to a fine not exceeding F145level 3 on the standard scale.

5

A person who in purporting to comply with any requirement under subsection (3) above supplies any information which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding F146level 4 on the standard scale.

6

Where a certifying officer or public service vehicle examiner F147or an authorised inspector imposes or removes a prohibition on the driving of a public service vehicle, he shall forthwith give notice of that fact to the traffic F148commissioner who granted the PSV operator’s licence under which the vehicle was last used before the prohibition was imposed.

21 Certificates of qualification.

1

A person who wishes to do either of the following things in another member State or in Northern Ireland, namely to carry on a road passenger transport business or to be the transport manager of such a business, may apply—

a

if he holds a standard licence, to the traffic F22commissioner by whom that licence was granted or, if he holds more than one, by whom the last such licence was granted;

b

in any other case, to the traffic F22commissioner for any traffic area,

for a certificate as to his repute and professional competence and, where relevant, his financial standing.

2

A person applying for a certificate under subsection (1) above shall give to the traffic F22commissioner such information as F22he may reasonably require for the discharge of F22his duties in relation to the application.

3

The traffic F22commissioner to whom an application under subsection (1) above is made shall certify such matters relating to the applicant as—

a

F23he is satisfied he may properly certify, and

b

appear to F23the commissioner to be of assistance to the applicant in satisfying the requirements of the law of the other member State in which he wishes to carry on business or to work or, as the case may be, the requirements of the law of Northern Ireland.

Drivers’ licences

F24C1622 Drivers’ licences. C15

C171

A person—

a

shall not drive a public service vehicle on a road unless he is licensed for the purpose under this section; and

b

shall not employ a person who is not so licensed for the purpose to drive a public service vehicle on a road.

Notwithstanding section 1(1) of this Act, in this section and in sections 23 to 26 of this Act “public service vehicle” shall be construed as meaning F25a public service vehicle being used on a road for carrying passengers for hire or reward.

2

The authority having power to grant under this section a licence to a person to drive a public service vehicle shall be— F26the traffic commissioner for the traffic area in which that person resides at the time when he applies for a licence.

3

A person shall be disqualified for obtaining a licence to drive a public service vehicle unless he fulfils such conditions as may be prescribed.

4

A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.

5

A licence to drive a public service vehicle may at any time be suspended or revoked by the authority by whom it was granted upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence; and a licence suspended under this subsection shall during the time of suspension be of no effect.

6

A licence to drive a public service vehicle shall, unless previously revoked, continue in force for five years from the date on which it is expressed to take effect.

7

Without prejudice to section 23(3) of this Act if, on the date on which an application is made for a licence to drive a public service vehicle, the applicant is the holder of such a licence, the existing licence shall, notwithstanding anything in subsection (6) above, continue in force until the application is disposed of.

8

A licence granted under this section to a person resident in any traffic area shall be valid in every other traffic area.

9

Subject to section 68(1) and (3) of this Act, a person who contravenes subsection (1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding F27level 4 on the standard scale.

F2823 Appeals to courts of summary jurisdiction in connection with driver’s licences.

1

A person who, being the holder of or an applicant for a licence to drive a public service vehicle, feels aggrieved by the refusal or failure of F29a traffic commissioner . . . F30 to grant, or by the suspension or revocation of, such a licence, or by any limitation imposed thereon, may by notice in writing to the F31commissioner . . . F30, require F31him . . . F30 to reconsider the matter and shall on the reconsideration be entitled to be heard either personally or by his representative.

2

A person who is so aggrieved or who is dissatisfied with the decision of the F32commissioner . . . F33 on the reconsideration of the matter may appeal—

a

if he resides in England or Wales, to a magistrates’ court acting for the petty sessions area in which he resides,

b

if he resides in Scotland, to the sheriff within whose jurisdiction he resides,

and on any such appeal the court or sheriff may make such order as it or he thinks fit and any order so made shall be binding on the F32commissioner . . . F33.

3

Where the applicant for a licence to drive a public service vehicle, who is at the date of his application the holder of a licence, appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall, notwithstanding anything in section 22(6) of this Act, continue in force until the appeal has been disposed of.

F3423A Northern Ireland drivers’ licences.

1

A licensing authority may, notwithstanding any driving test condition imposed by regulations, grant a licence to an applicant to drive a public service vehicle of any type if the authority is satisfied that the applicant has, within the period of five years ending on the date of the coming into force of the licence, held a licence granted under the law of Northern Ireland to drive a public service vehicle of that type.

2

In this section—

  • “driving test condition”, in relation to an applicant for a licence to drive a public service vehicle of any type, means a condition as to the provision of facilities for, or the passing of, a practical test of his ability to drive a public service vehicle of that type;

  • “licencing authority” shall be construed in accordance with section 22(2) of this Act.

Regulation of conduct etc. of drivers, inspectors, conductors and passengers

24 Regulation of conduct of drivers, inspectors and conductors.

1

Regulations may make provision for regulating the conduct, when acting as such, of—

a

F149persons licensed to act as drivers of public service vehicles, and

b

inspectors and conductors of such vehicles.

2

Subject to section 68(1) of this Act, if a person to whom regulations having effect by virtue of this section apply contravenes, or fails to comply with, any of the provisions of the regulations, he shall be liable on summary conviction to a fine not exceeding F150level 2 on the standard scale and, in the case of an offence by a person acting as driver, the court by which he is convicted may, if it thinks fit, cause particulars of the conviction to be endorsed upon F151the counterpart of the licence granted to that person under F152section 22 of this ActF152Part III of the Road Traffic Act 1988.

3

The person who has the custody of the licence F153and its counterpart shall, if so required by the convicting court, produce F154the licenceF154them within a reasonable time for the purpose of endorsement, and, subject to section 68(1) of this Act, if he fails to do so, shall be liable on summary conviction to a fine not exceeding F155level 3 on the standard scale.

4

In this section and in section 25 of this Act “inspector”, in relation to a public service vehicle, means a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used.

F1565

Notwithstanding section 1(1) of this Act, in this section and in sections 25 and 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.

25 Regulation of conduct of passengers.

1

Regulations may make provision generally as to the conduct of passengers on public service vehicles and in particular (but without prejudice to the generality of the foregoing provision) for—

a

authorising the removal from a public service vehicle of a person infringing the regulations by the driver, inspector or conductor of the vehicle or on the request of the driver, inspector or conductor by a police constable;

b

requiring a passenger in a public service vehicle who is reasonably suspected by the driver, inspector or conductor thereof of contravening the regulations to give his name and address to the driver, inspector or conductor on demand;

c

requiring a passenger to declare, if so requested by the driver, inspector or conductor, the journey he intends to take or has taken in the vehicle, and to pay the fare for the whole of that journey and to accept any ticket provided therefor;

d

requiring, on demand being made for the purpose by the driver, inspector or conductor, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;

e

requiring a passenger, if so requested by the driver, inspector or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid;

f

requiring the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

3

Subject to section 68(1) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding F158level 3 on the standard scale.

4

In the application of this section to Scotland, subsection (1)(b) shall have effect as if after the word “address” there were inserted the words “to a police constable or”

C1926 Control of number of passengers. C18

1

Regulations may make provision with respect to public service vehicles for—

a

the determination by or under the regulations of the number of the seated passengers and standing passengers respectively for whom a vehicle is constructed or adapted and fit to carry;

b

the determination by or under the regulations of the number of such passengers respectively who may be carried in a vehicle;

c

the marks to be carried on a vehicle showing those numbers and the manner in which those marks are to be carried.

2

Subject to section 68(1) and (3) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding F35level 2 on the standard scale.

Supplementary provisions

27 Returns to be provided by persons operating public service vehicles.

1

It shall be the duty of a person carrying on the business of operating public service vehicles to keep such accounts and records in relation thereto and to make to the Secretary of State such financial and statistical returns, and in such manner and at such times, as the Secretary of State may from time to time require.

2

Subject to section 68(3) of this Act, if a person fails to comply with the requirements of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding F159level 3 on the standard scale.

3

This section shall not apply to the British Railways Board or F160the London Transport ExecutiveF160London Regional Transport or to any subsidiary of London Regional Transport (within the meaning of the London Regional Transport Act 1984).

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

29 Avoidance of contracts so far as restrictive of liability in respect of death of or injury to passengers in public service vehicles.

A contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of a person in respect of a claim which may be made against him in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.

PART III

30–41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

PART IV

42–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Fare-paying passengers on school buses

46 Fare-paying passengers on school buses.

1

Subject to subsection (2) below, a local education authority may—

a

use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;

b

use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . F161 service;

and sections 6, 8, 9, F16212(1) and 22F162and 12(1) of this Act shall not apply to a school bus belonging to a local education authority in the course of its use by the authority in accordance with this subsection.

2

Subsection (1) above does not affect the duties of a local education authority in relation to the provision of free school transport or authorise a local education authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.

3

In this section—

  • “free school transport” means transport provided by a local education authority in pursuance of arrangements under section 55(1) of the M12Education Act 1944 for the purpose of facilitating the attendance of pupils at a place of education;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

  • “school bus”, in relation to a local education authority, means a motor vehicle which is used by that authority to provide free school transport.

4

In the application of this section to Scotland—

a

for the references to a local education authority there shall be substituted references to an education authority;

b

in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and

c

in subsection (3) above for the definition of “free school transport” there shall be substituted—

“free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

F4149A Review of decisions.

1

Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his—

a

to grant or refuse an application for a PSV operator’s licence; or

b

to grant or refuse an application for the variation of a PSV operator’s licence,

if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision.

2

A traffic commissioner may only review a decision under subsection (1) above—

a

if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;

b

if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or

c

where neither paragraph (a) nor paragraph (b) above applies, if he considers there to be exceptional circumstances that justify the review.

3

Regulations may make provision as to the manner in which notices under subsection (2)(a) above are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

4

The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

PART V Miscellaneous and Supplementary

Appeals to the Secretary of State

F16450 Appeals to the Transport Tribunal.

1

An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Transport Tribunal against any decision of the traffic commissioner—

a

to refuse to grant the licence in accordance with the application; or

b

to attach any condition to the licence otherwise than in accordance with the application.

2

Where a person who has applied for a new PSV operator’s licence in substitution for a licence held by him and in force at the date of his application appeals to the Transport Tribunal under subsection (1) above, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of this Act.

3

Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Transport Tribunal.

4

The holder of a PSV operator’s licence may appeal to the Transport Tribunal against any decision of the traffic commissioner—

a

to refuse his application for the variation or removal of any condition attached to the licence;

b

to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or

c

to revoke or suspend the licence or to curtail its period of validity.

C585

Where—

a

the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or

b

any person in respect of whom any such order or direction has been made or given;

is aggrieved by the order or direction he may appeal to the Transport Tribunal.

F1655A

A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State

6

The traffic commissioner—

a

making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;

b

making any such order or giving any such direction as is mentioned in subsection (5) above;

may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Transport Tribunal and, if an appeal is made, until it is disposed of.

F1666A

A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.

6B

On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

7

Where a traffic commissioner has given a direction under subsection (6) above he may withdraw it at any time.

8

If the traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Transport Tribunal and the Transport Tribunal shall give their decision on the application within fourteen days.

9

This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).

F16751 Appeals to the Secretary of State.

1

A person applying for—

a

a certificate of initial fitness under section 6 of this Act; or

b

a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

may appeal to the Secretary of State against the refusal of a certifying officer to issue such a certificate.

2

Where the refusal by a certifying officer or public service vehicle examiner to remove a prohibition under subsection (1) of section 9 of this Act (including a prohibition under that subsection as it applies by virtue of section 9A of this Act) has been referred to a certifying officer (“the referee”) under subsection (8) of that section by a traffic commissioner, any person aggrieved by the refusal of the referee to remove the prohibition may appeal to the Secretary of State.

3

An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

4

On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the certifying officer for giving effect to his decision; and it shall be the duty of the certifying officer to comply with any such directions.

52 Fees for grant of licences etc.

C591

Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged—

a

by the traffic F168commissioner for each traffic area in respect of—

i

applications for, and the grant of, PSV operators’ licences . . . F169;

ii

applications for, and the issue of, certificates of initial fitness under section 6 of this Act;

iii

the issue of operators’ discs under section 18 of this Act;

iv

applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and

v

applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;

F170b

by the traffic F168commissioner for each traffic area . . . F171in respect of—

i

applications for, and the issue of, licences to drive public service vehicles; and

ii

the provision by the traffic F168commissioner . . . F171 of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.

C602

F172A traffic commissioner . . . F173 may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—

a

any such application as is mentioned in subsection (1) above;

b

the grant of any licence or the issue of any certificate, disc or other document referred to in that subsection; F174or

F175c

the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,

until the fee or instalment in question has been paid.

3

Any fees received by F176a traffic commissioner by virtue of this section . . . F177 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178

53 Payment of expenses.

1

There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . F179 traffic commissioners, certifying officers, public service vehicle examiners, and any other officer or servant appointed by the Secretary of State for the purposes of Part I, F180or II . . . F181 of this Act, including any expenses incurred in connection with the employment of police officers as public service vehicle examiners.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182

Provisions relating to traffic commissioners etc.

F4254 Inquiries held by traffic commissioners.

1

A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.

2

Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests.

3

Subject to any provision made by regulations, any inquiry held under this section shall be public.

4

Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.

5

Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.

6

Regulations may make provision, in relation to orders under subsection (5) above, as to—

a

the method of calculating the amount of any costs incurred as mentioned in that subsection; and

b

the maximum amount which may be ordered to be paid under such an order.

7

Any amount so ordered to be paid by any person may be recoverable from him—

a

in England and Wales, as a debt due to the Crown; or

b

in Scotland, by the Secretary of State.

C218

Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except—

a

with the consent of the person for the time being carrying it on;

b

for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below; or

c

with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment (including proceedings before the Transport Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9

The enactments referred to in subsection (8)(b) and (c) above are—

a

sections 12 to 21 of this Act; and

b

sections 24 to 28 of the Transport Act 1985.

10

The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

55 Annual report of traffic commissioners and metropolitan police commissioner.

The traffic F43commissioner for each traffic area shall make an annual report to the Secretary of State on F43his proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . F44.

56 Records of licences. C22

1

The traffic F45commissioner for each traffic area . . . F46 shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by . . . F47 him under this Act F48and shall allow the record to be inspected at all reasonable times by members of the public.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

3

A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.

F5056A Correction of errors.

Where it appears to the traffic commissioner for a traffic area that a document purporting to record, or issued in consequence of, a decision taken in the exercise of his functions contains a clerical error, he may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.

Supplementary provisions as to licences etc.

57 Death, bankruptcy etc. of licence holder. C23

1

A PSV operator’s licence . . . F51 is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

C242

A PSV operator’s licence . . . F51 held by an individual terminates if he—

a

dies, or

b

is adjudged bankrupt or, in Scotland, has his estate sequestrated, or

c

becomes a patient within the meaning of F52Part VII of the Mental Health Act 1983, or, in Scotland, becomes incapable of managing his own affairs.

3

In relation to a PSV operator’s licence . . . F51 held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

4

The traffic F53commissioner by whom a PSV operator’s licence . . . F51 was granted may—

a

direct that the termination of the licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the F53commissioner that there are special circumstances, eighteen months, and

b

authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the F53commissioner may impose.

58 Partnerships and related matters.

C251

Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.

C262

A PSV operator’s licence . . . F54 shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.

Regulations

59 Power to make regulations as to procedure on applications for licences. C27

Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—

a

applications for the grant of PSV operator’s licences, . . . F55F56or licences to drive public service vehicles,

b

applications or proposals for the variation of conditions attached to PSV operators’ licences . . . F57,

c

the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and

d

the surrender of licences,

and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.

C6260 General power to make regulations for purposes of Act. C61

1

The Secretary of State may make regulations . . . F183 for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—

a

the forms to be used for the purpose of this Act;

b

applications for and issue of licences and of certificates of initial fitness;

c

the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

e

the fees to be payable under this Act and the persons liable to pay the same;

f

the documents, plates and marks to be carried by F185, and the information to be displayed in or on public service vehicles and the manner in which they are to be carried F186or it is to be displayed;

g

the badges to be worn by drivers of public service vehicles;

h

the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to F187traffic commissioners . . . F188, of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;

j

the carriage of luggage and goods on public service vehicles;

k

the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle and fixing the charges made in respect thereof;

l

the equipment to be carried by public service vehicles;

m

for providing that this Act or, any provision thereof, shall have effect in relation to—

i

public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and

ii

public service vehicles registered outside Great Britain,

with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189

F1901A

Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

a

make different provision as respects different areas; and

b

make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

2

In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made F191by the Secretary of State.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192

61 Exercise of regulation making powers and parliamentary control thereof. C28

1

Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

Before making any regulations under . . . F58 this Act the Secretary of State shall consult with such representative organisations as he thinks fit.

Provisions relating to Metropolitan Traffic Area

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

64 Exclusion of certain enactments as respects Metropolitan Traffic Area.

1

As respects the Metropolitan Traffic Area, the M1Metropolitan Public Carriage Act 1869 and the M2London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.

2

As respects the Metropolitan Traffic Area, no local authority shall exercise under the M3Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.

Inquiries

76 General power to hold inquiries. C36

Without prejudice to any other provision of this Act, the Secretary of State may hold inquiries for the purposes of this Act . . . F70

77 General provisions as to inquiries. C37

1

Where under any of the provisions of this Act an inquiry is held by the Secretary of State—

a

notice of the inquiry may be given and published in accordance with such general or special directions as the Secretary of State may give;

b

the Secretary of State and, if authorised by him, the person appointed to hold the inquiry, may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law;

c

the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths;

d

the Secretary of State may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred, and any amount so certified and directed by the Secretary of State to be paid by any person shall be recoverable from that person, and shall be so recoverable, in England or Wales, either as a debt to the Crown or by the Secretary of State summarily as a civil debt, and in Scotland by the Secretary of State.

2

If a person fails without reasonable excuse to comply with any of the provisions of an order under paragraph (b) of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding F71level 3 on the standard scale.

Supplementary provisions

78 Power of Minister to modify or revoke restrictions in local Acts.

Where the running of public service vehicles is restricted or prohibited by any provision contained in—

a

a local Act (including an Act confirming a provisional order) passed before the commencement of subsection (2) of section 43 of the M5Transport Act 1980; or

b

an instrument made before the commencement of that subsection under any such local Act,

the Secretary of State may, on the application of any person affected by the restriction or prohibition, by order made by statutory instrument modify or revoke the restriction or prohibition.

79 Vehicles excluded from regulation as private hire vehicles.

At any time when a vehicle would apart from section 1(3) F206or (4) of this Act be a public service vehicle, it shall continue to be treated as such for the purposes only of provisions contained in a local Act, in F207sections 10 to 23 of the Civic Government (Scotland) Act 1982 or in Part II of the M15Local Government (Miscellaneous Provisions) Act 1976, which regulate the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and exclude public service vehicles from the scope of that regulation.

79AF76 Small PSVs subject to regulation as private hire vehicles.

1

If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of—

a

Part II of the M6Local Government (Miscellaneous Provisions) Act 1976, or

b

any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.

2

If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the M7Private Hire Vehicles (London) Act 1998.

3

But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.

4

In this section—

  • “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and

  • “large buses” means public service vehicles within paragraph (a) of that subsection.

80 Construction of references to traffic areas. C68

1

References in this Act to a traffic area constituted for the purposes thereof by a particular designation are references to the area described by that designation F208F209in Article 4(2) of, and the Schedule to, the Traffic Areas (Reorganisation) (No. 2) Order 1983F209in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990.

2

Subsection (1) above has effect subject to the powers of the Secretary of State under section 3 of this Act to vary the provisions of this Act constituting traffic areas; . . . F210

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

81 Interpretation of references to the operator of a vehicle or service.

1

For the purposes of this Act—

a

regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator’s licence to another under a hiring arrangement; and

b

where regulations under paragraph (a) above do not apply, the operator of a vehicle is—

i

the driver, if he owns the vehicle; and

ii

in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

82 General interpretation provisions.

1

In this Act, unless the context otherwise requires—

  • “certificate of initial fitness” has the meaning given by section 6.

  • “certifying officer” means an officer appointed under section 7(1);

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F212

  • “company” means a body corporate;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

  • “contravention”, in relation to any condition or provision includes a failure to comply with the condition or provision, and “contravene” shall be construed accordingly;

  • “director”, in relation to a company, includes any person who occupies the position of a director, by whatever name called;

  • “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

  • “fares” include sums payable in respect of a contract ticket or a season ticket;

  • “international operation” means a passenger transport operation starting or terminating in the United Kingdom and involving an international journey by the vehicle concerned, whether or not any driver leaves or enters the United Kingdom with that vehicle;

  • “local authority” means—

    1. a

      in relation to England and Wales, any local authority within the meaning of the M16Local Government Act 1972;

    2. b

      in relation to Scotland, a regional, islands or district council;

  • “F214local service” has the same meaning as in the Transport Act 1985;

  • “magistrates’ court” and “petty sessions area” have the same meanings as in the M17Magistrates’ Courts Act 1980;

  • “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

  • “national operation” means a passenger transport operation wholly within the United Kingdom;

  • “official PSV testing station” has the meaning given by section 8(3);

  • “operating centre”, in relation to a vehicle, means the base or centre at which the vehicle is normally kept;

  • “operator” has the meaning given by section 81;

  • “owner”, in relation to a vehicle which is the subject of an agreement for hire, hire-purchase, conditional sale or loan, means the person in possession of the vehicle under that agreement, and references to owning a vehicle shall be construed accordingly;

  • “prescribed” has the meaning given by section 60(2);

  • “[F215prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed

  • “PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of this Act;

  • “public service vehicle” has the meaning given by section 1;

  • “relevant conviction” means a conviction (other than a spent conviction) of any offence prescribed for the purposes of this Act, or an offence under the law of Northern Ireland, or of a country or territory outside the United Kingdom, corresponding to an offence so prescribed;

  • “restricted licence” means such a PSV operator’s licence as is mentioned in section 13(3);

  • “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes F216except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F217

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

  • “standard licence” means a PSV operator’s licence which is not a restricted licence;

  • “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M18Interpretation Act 1978;

  • “[F219traffic commissioner” means the person appointed to be the commissioner for a traffic area constituted for the purposes of this Act;

  • “tramcar” includes any carriage used on any road by virtue of an order made under the M19Light Railways Act 1896;

  • “transport manager”, in relation to a business, means an individual who, either alone or jointly with one or more other persons, has continuous and effective responsibility for the management of the road passenger transport operations of the business;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F220

F2211A

References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.

2

Any reference in this Act to a Community instrument or to a particular provision of such an instrument—

a

is a reference to that instrument or provision as amended from time to time, and

b

if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

83 Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

1

A provision of an Act other than this Act or of an instrument having effect under an enactment not repealed by this Act which (however expressed) defines “public service vehicle”, . . . F73 by reference to the M8Road Traffic Act 1930 or the M9Road Traffic Act 1960 shall have effect as if it provided that that expression should be construed in like manner as if it were contained in this Act.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

C3984 Protection of public interests. C38

1

It is hereby declared that nothing in this Act is to be treated as conferring on the holder of a licence granted thereunder any right to the continuance of any benefits arising from, or from a licence granted under, this Act, or from any conditions attached to any such licence.

2

In the event of an undertaking by which a service of public service vehicles is provided being purchased compulsorily by a local or public authority, that part of the value of the undertaking attributable directly or indirectly to this Act shall not be taken into account.

85 Saving for law of nuisance. C40

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

86 Saving for sections 16 and 17 of the Interpretation Act 1978.

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the M10Interpretation Act 1978 (which relate to the effect of repeals).

87 Power of Secretary of State to repeal section 10 of this Act. C41

The Secretary of State may by order made by statutory instrument repeal section 10 of this Act from such day as may be specified in the order, and any such order may include provision, to take effect on that day, for the repeal of sections 6(1)(b), F7551(1)(b), 65(1)(c) and 66(c) of this Act.

88 Transitional provisions, consequential amendments and repeals.

1

This Act shall have effect subject to the transitional provisions set out in Schedule 6 to this Act.

X12

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

X13

The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:
Editorial Information
X1

The text of s. 88(2)(3) 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.

89 Short title, commencement and extent.

1

This Act may be cited as the Public Passenger Vehicles Act 1981.

P12

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

3

Section 25(2) of this Act does not extend to Scotland.

4

This Act does not extend to Northern Ireland.