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.
F65 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 F8Transport for London; 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 F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Pt. I (ss. 1–5) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)