C6PART I Preliminary
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.
F1285 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.
C27PART II General Provisions Relating to Public Service Vehicles
Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)
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
b
a certificate under section 10 of this Act has been issued in respect of the vehicle; or
F9C71A
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 F10level 4 on the standard scale.
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Powers of, and facilities for, inspection of public service vehicles.
—(1)
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F121A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Secretary of State may—
a
provide and maintain stations where inspections of public service vehicles F13. . . 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.
F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F159A Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles.
1
Section 8 of this Act shall apply, F16. . ., 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.
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Approval of type vehicle and effect thereof.
1
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, F18an examiner appointed under section 66A of the Road Traffic Act 1988 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.
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. C8
F19C91
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 F20commissioner 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 F20commissioner by whom the licence was granted.
C10C113
4
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 F24level 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.
C511
An application for a standard licence shall not be granted unless the traffic F129commissionerF130is 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;
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 F131commissioner 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 F131commissionerF132is 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.
C524
If on an application for a PSV operator’s licence the traffic F133commissionerF134determines that the relevant requirements mentioned in subsection (1) above and the further requirements mentioned in subsection (3) above are satisfied F134he shall, subject to the provisions of sections 15 and 16 of this Act, grant the licence in accordance with the application.
F13514A Objections to application for PSV operator’s licence. C53
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. C54
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 F136commissioner on granting the licence F136considers appropriate in the circumstances.
2
3
If, immediately before a PSV operator’s licence is due to expire, proceedings are pending before the traffic F139commissioner 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 F140commissioner 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 F141commissioner decides not to grant the new licence, F140he may direct that the existing licence continue in force for such period as appears to F140him 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. C55
1
F142Subject to subsection (1A) below and section 12(7) of the Transport Act 1985F143A 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 F143that commissioner) which the holder of the licence may at any one time use under the licence.
F144C561A
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.
C572
Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.
3
F145A 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 F146him such conditions or additional conditions as F145he 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.
C585
The traffic F147commissioner 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 F148he 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 F149commissioner 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 F149his powers (whether of alteration or removal) under subsection (5) above;
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 F150level 3 on the standard scale.
8
Compliance with any condition attached to a PSV operator’s licence . . . F151F152(other than a condition so attached under subsection (1A) above) may be temporarily dispensed with by the traffic F153commissioner by whom the licence was granted if F154he 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) F155or (1A) above to a PSV operator’s licence granted by the traffic F156commissioner 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 F156commissioner 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).
F2516A 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.
17 Revocation, suspension etc. of licences.
C591
The traffic F157commissioner by whom a standard licence was granted shall revoke the licence if it appears to F157him 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.
C602
Without prejudice to subsection (1) above, the traffic F158commissioner 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 F159he 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;
C61d
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.
F160f
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
5
Where F164a traffic commissioner decides to revoke a licence under this section, F165he may direct that the revocation shall not take effect for such period as appears to F165him 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.
F2617A 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. C62
C631
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
F166A 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) F167or (1A) of this Act; and if F168(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 F169commissioner 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 F170level 3 on the standard scale.
19 Duty to inform traffic commissioners of relevant convictions etc.C12
C131
A person who has applied for a PSV operator’s licence shall forthwith notify the traffic F27commissioner 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.
C142
It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to the traffic F28commissioner 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.
C153
It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—
a
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 F31commissioner by whom the licence was granted.
4
F32A 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 F33him forthwith or within a time specified by F33him of any material change specified by F33him in any of F32the 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 F34level 3 on the standard scale.
20 Duty to give traffic commissioners information about vehicles. C16
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 F35to the F36Secretary of StateF35in 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 F35to the F36Secretary of StateF35in accordance with regulations made by virtue of subsection (2A) below.
F37C172A
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 F38an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.
3
The traffic F39commissioner by whom a PSV operator’s licence was granted may—
a
require the holder of the licence to supply F39him forthwith or within a specified time with such information as F39he may reasonably require about the public service vehicles owned by F40the holder and normally kept at an operating centre within the area of F40that commissioner, and to keep up to date information supplied by F40the holder under this paragraph; or
b
require the holder or former holder of the licence to supply F39him forthwith or within a specified time with such information as F39he may reasonably require about the public service vehicles owned by F40the holder or former holder at any material time specified by F39him which were at that time normally kept at an operating centre within the area of F40that 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 F41level 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 F42level 4 on the standard scale.
F436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F44commissioner 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 F44commissioner for any traffic area,
for a certificate as to his repute and professional competence and, where relevant, his financial standing.
2
3
The traffic F44commissioner to whom an application under subsection (1) above is made shall certify such matters relating to the applicant as—
a
F45he is satisfied he may properly certify, and
b
appear to F45the 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
F46C1922 Drivers’ licences. C18
C201
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 F47a 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— F48the 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 F49level 4 on the standard scale.
F5023 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 F51a traffic commissioner . . . F52 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 F53commissioner . . . F52, require F53him . . . F52 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 F54commissioner . . . F55 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,
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.
F5623A 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
C6424 Regulation of conduct of drivers, inspectors and conductors.
1
Regulations may make provision for regulating the conduct, when acting as such, of—
a
F171persons licensed to act as drivers of public service vehicles, and
b
inspectors and conductors of such vehicles; F172and
c
drivers, inspectors and conductors of tramcars
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 F173level 2 on the standard scale and, in the case of an offence by a person acting as driver F174of a public service vehicle, the court by which he is convicted may, if it thinks fit, cause particulars of the conviction to be endorsed upon F175the counterpart of the licence granted to that person under F176Part III of the Road Traffic Act 1988.
3
The person who has the custody of the licence F177and its counterpart shall, if so required by the convicting court, produce F178them 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 F179level 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.
F1805
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.
C21C22C2325 Regulation of conduct of passengers.
1
Regulations may make provision generally as to the conduct of passengers on public service vehicles F57or tramcars and in particular (but without prejudice to the generality of the foregoing provision) for—
a
authorising the removal from a public service vehicle F57or tramcar 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 F57or tramcar 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
C243
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 F59level 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”
C2626 Control of number of passengers. C25
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 F60level 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 F181or tramcars 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 F182level 3 on the standard scale.
3
This section shall not apply to the British Railways Board or F183London Regional Transport or to any subsidiary of London Regional Transport (within the meaning of the London Regional Transport Act 1984).
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
PART IV
42–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
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 . . . F64 service;
and sections 6, 8, 9, F65and 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 F184persons at a place of education;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
“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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
F6949A 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
F18550 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.
C655
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.
F1865A
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.
F1876A
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).
F7051 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 F71an examiner to issue such a certificate.
F722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F73the examiner for giving effect to his decision; and it shall be the duty of F73the examiner to comply with any such directions.
52 Fees for grant of licences etc.
C661
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 F188commissioner for each traffic area in respect of—
i
applications for, and the grant of, PSV operators’ licences . . . F189;
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;
F190b
i
applications for, and the issue of, licences to drive public service vehicles; and
ii
the provision by the traffic F188commissioner . . . F191 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.
C672
F192A traffic commissioner . . . F193 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; F194or
F195c
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
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F198
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 . . . F74 traffic commissioners, F75. . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, F76or II . . . F77 of this Act, including any expenses incurred in connection with the employment of police officers as F75. . . vehicle examiners.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
Provisions relating to traffic commissioners etc.
F7954 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.
C288
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.
56 Records of licences. C29
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
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.
F8756A 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. C30
1
A PSV operator’s licence . . . F88 is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.
C312
A PSV operator’s licence . . . F88 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 F89Part 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 . . . F88 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
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 F90commissioner 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 F90commissioner may impose.
58 Partnerships and related matters.
C321
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.
C332
A PSV operator’s licence . . . F91 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. C34
Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—
a
b
applications or proposals for the variation of conditions attached to PSV operators’ licences . . . F94,
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.
C6960 General power to make regulations for purposes of Act. C68
1
The Secretary of State may make regulations . . . F199 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200
e
the fees to be payable under this Act and the persons liable to pay the same;
f
g
the badges to be worn by drivers of public service vehicles;
h
C71k
the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle F206or tramcar 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207
F2081A
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.
F2091B
Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.
2
In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made F210by the Secretary of State.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211
61 Exercise of regulation making powers and parliamentary control thereof. C35
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 . . . F95 this Act the Secretary of State shall consult with such representative organisations as he thinks fit.
Provisions relating to Metropolitan Traffic Area
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97
64 Exclusion of certain enactments as respects Metropolitan Traffic Area.
1
2
As respects the Metropolitan Traffic Area, no local authority shall exercise under the M4Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.
Provisions relating to offences and legal proceedings
65 Forgery and misuse of documents etc.C72
1
This section applies to the following documents and other things, namely—
b
a certificate of initial fitness under section 6 of this Act;
F213bb
a notice removing a prohibition under section 9 of this Act;
c
a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
d
an operator’s disc under section 18 of this Act;
e
a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;
F214f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A person who, with intent to deceive—
a
forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or
b
makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,
shall be liable—
i
on conviction on indictment, to imprisonment for a term not exceeding two years;
ii
on summary conviction, to a fine not exceeding the statutory maximum.
3
In the application of this section to England and Wales—
4
In the application of this section to Scotland—
“statutory maximum” means the prescribed sum within the meaning of section 289B of the M14Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000).
66 False statements to obtain licence etc.C74
A person who knowingly makes a false statement for the purpose of—
C75a
obtaining the grant of a licence under Part II . . . F216 of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;
b
obtaining the issue of a certificate of initial fitness under section 6 of this Act;
c
obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
d
obtaining the issue of an operator’s disc under section 18 of this Act; or
e
obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;
shall be liable on summary conviction to a fine not exceeding F217level 4 on the standard scale.
F9866A Issue of false documents.
1
If a person issues
a
a certificate of initial fitness under section 6 of this Act; F99or
b
a notice removing a prohibition under section 9(1) of this Act;
which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding F100level 4 on the standard scale.
2
If a constable, F101an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document.
3
The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.
67 Penalty for breach of regulations. C36
Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . F102) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding F103level 2 on the standard scale.
68 Defences available to persons charged with certain offences.
1
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.
2
The provisions referred to in subsection (1) above are—
F106b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C373
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.
4
The provisions referred to in subsection (3) above are—
F110b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69 Restriction on institution in England and Wales of proceedings under Part II or III. C38
1
Subject to the provisions of this section proceedings for an offence under Part II . . . F111 of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by F112a traffic commissioner, a chief officer of police, or the council of a county or district.
2
Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.
3
Subsection (1) above shall not prevent the institution by or on behalf of the Secretary of State of proceedings for an offence under section 27 of this Act.
70 Duty to give information as to identity of driver in certain cases. C39
1
Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . F113 of this Act—
a
the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
b
any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.
2
A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding F114level 3 on the standard scale.
3
Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding F114level 3 on the standard scale.
71 Evidence by certificate. C40
1
In any proceedings in England or Wales for an offence under Part II . . . F115 of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—
a
that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or
b
that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or
c
that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,
shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.
2
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
3
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—
a
unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
b
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.
4
In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.
72 Proof in summary proceedings of identity of driver of vehicle. C41
Where on a summary trial in England or Wales of an information for an offence under Part II . . . F116 of this Act—
a
it is proved to the satisfaction of the court, on oath or in a manner prescribed by rules made under section 15 of the Justices of the M5Peace Act 1949, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post; and
b
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
73 Time within which summary proceedings for certain offences may be commenced.
Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
74 Offences by companies. C42
1
Where an offence under Part II . . . F117 of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.
75 Destination of fines. C43
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).
Inquiries
76 General power to hold inquiries. C44
Without prejudice to any other provision of this Act, the Secretary of State may hold inquiries for the purposes of this Act . . . F118
77 General provisions as to inquiries. C45
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 F119level 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 M6Transport 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) F218or (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 F219sections 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.
79AF127 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 M7Local 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 M8Private 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. C46
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 F120in 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; . . . F121
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
82 General interpretation provisions.
1
In this Act, unless the context otherwise requires—
“certificate of initial fitness” has the meaning given by section 6.
F220. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221
“company” means a body corporate;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
“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—
- a
in relation to England and Wales, any local authority within the meaning of the M16Local Government Act 1972;
- b
in relation to Scotland, a regional, islands or district council;
- a
F223“local 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);
F224“prescribed 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 F225except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227
“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;
F228“traffic 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229
F2301A
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”, . . . F124 by reference to the M9Road Traffic Act 1930 or the M10Road 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125
C4884 Protection of public interests. C47
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. C49
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 M11Interpretation Act 1978 (which relate to the effect of repeals).
87 Power of Secretary of State to repeal section 10 of this Act. C50
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), F12651(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.
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.
Pt. I (ss. 1–5) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)