xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)
[F1(1)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.]
[F2(1A)Subsection (1) applies in spite of Article 1.4(b) and (c) of the 2009 Regulation (exemptions unless otherwise provided in national law for certain undertakings engaged in road passenger transport services and for slow vehicles), but is subject to section 46 of this Act and section 18 of the Transport Act 1985]
(2)The authority having power to grant a PSV operator’s licence is the traffic [F3commissioner] 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 [F3commissioner] by whom the licence was granted.
(3)A person may hold two or more PSV operators’ licences each granted by the traffic [F3commissioner] for [F4a different area], but shall not at the same time hold more than one such licence granted by the [F3commissioner] for the same area.
(4)An application for a PSV operator’s licence shall be made in such a form as the traffic [F5commissioner] may require, and an applicant shall give the [F5commissioner] such information as [F6he] may reasonably require for disposing of the application.
(5)Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F7level 4 on the standard scale].
Textual Amendments
F1S. 12(1) substituted by Transport Act 1985 (c. 67, SIF 126), s. 1 (3), Sch. 1 para. 4
F2S. 12(1A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 2(2) (with Sch. 3 Pt. 1)
F3Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
F4Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(4)(b)
F5Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
F6Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 para. 4(4)(c)
F7Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C2S. 12 amended by Transport Act 1985 (c. 67, SIF 126), s. 12(13)
C3S. 12(1) excluded by Transport Act 1985 (c. 67, SIF 126), s. 18
C4S. 12(3) excluded by S.I. 1983/1714, art. 17(1) (which S.I. is revoked (1.6.1991) by S.I. 1991/288, art. 2)
C5S. 12(3) amended by S.I. 1986/1628, reg. 5(1), Sch.
Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect. .]
Textual Amendments
F8S. 12A inserted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 47(1), 134(1)(c); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
(1)Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV operator’s licence could be required.
(2)The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 12(1) or 18(1).
(3)In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.]
Textual Amendments
F9S. 12B inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 5(2)
(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.
(1)On an application for a standard licence a traffic commissioner must consider whether the requirements of sections 14ZA and 14ZC are satisfied.
(2)On an application for a restricted licence a traffic commissioner must consider whether the requirements of sections 14ZB and 14ZC are satisfied.
(3)If on an application for a PSV operator’s licence the traffic commissioner determines that the relevant requirements mentioned in subsection (1) or (2) are satisfied the commissioner must, subject to section 16 (conditions attached to licences), grant the licence in accordance with the application.
Textual Amendments
F10Ss. 14-14ZC substituted for s. 14 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 3 (with Sch. 3 Pt. 1)
(1)The requirements of this section are set out in subsections (2) and (3).
(2)The first requirement is that the traffic commissioner is satisfied that the applicant—
(a)has an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation),
(b)is of good repute (as determined in accordance with paragraph 1 of Schedule 3),
(c)has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and
(d)is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).
(3)The second requirement is that the traffic commissioner is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—
(a)is of good repute (as determined in accordance with paragraph 1 of Schedule 3),
(b)is professionally competent (as determined in accordance with paragraph 6 of Schedule 3), and
(c)in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—
(i)is not prohibited from being so designated by a traffic commissioner, and
(ii)is not designated to act as transport manager for a greater number of road transport operators or in respect of a greater number of vehicles than the traffic commissioner considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the commissioner considers appropriate (see Article 4.3 of the 2009 Regulation).
Textual Amendments
F10Ss. 14-14ZC substituted for s. 14 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 3 (with Sch. 3 Pt. 1)
The requirement of this section is that the traffic commissioner is satisfied that the applicant —
(a)is of good repute (as determined in accordance with paragraph 1 of Schedule 3), and
(b)has appropriate financial standing (as determined in accordance with paragraph 2 of Schedule 3).
Textual Amendments
F10Ss. 14-14ZC substituted for s. 14 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 3 (with Sch. 3 Pt. 1)
(1)The requirement of this section is that the traffic commissioner is 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.
(2)In considering whether the requirement of this section is satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application and may assume those undertakings will be fulfilled.
(3)Where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by the commissioner under subsection (2) that the commissioner considers to be material to the granting of the application must be recorded in the licence issued to the applicant]
Textual Amendments
F10Ss. 14-14ZC substituted for s. 14 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 3 (with Sch. 3 Pt. 1)
(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 [F12sections 14ZA to 14ZC] 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.
[F13(2A)Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.]
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F15council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(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)].
Textual Amendments
F11S. 14A inserted by Transport Act 1985 (c. 67, SIF 126), s. 25
F12Words in s. 14A(1) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 4 (with Sch. 3 Pt. 1)
F13S. 14A(2A) inserted (1.4.1995) by 1994 c. 40, s. 60; S.I. 1994/3188, art. 4
F14S. 14A(3) repealed (3.1.1995) by 1994 c. 40 ss. 68, 81, Sch. 14 para. 3, Sch. 17; S.I. 1994/3188, art. 3
F15Words in s. 14A(4)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 121(3) (with s. 128(8)); S.I. 1996/323, art. 2
Modifications etc. (not altering text)
C6S. 14A excluded by S.I. 1986/1794, art. 4
(1)There shall be specified in every PSV operator’s licence the date on which the licence is to come into force .
[F16(2)Subject to its revocation or other termination under any provision of this Act or another statutory provision, a PSV operator’s licence shall continue in force indefinitely.
(3)If the holder of a PSV operator’s licence requests the traffic commissioner by whom it was granted to terminate it at any time, the commissioner shall, subject to subsection (4) below, comply with the request.
(4)The traffic commissioner may refuse to comply with the request if he is considering taking action in respect of the licence under section 17(1) or (2) of this Act.]
Textual Amendments
F16S. 15(2)-(4) substituted (1.1.1996) for words from “and the date on which it is to expire” to the end by 1994 c. 40, s. 61, S.I. 1995/2835, art. 2
(1)[F17Subject to subsection (1A) below and section 12(7) of the Transport Act 1985][F18A 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 [F18that commissioner]) which the holder of the licence may at any one time use under the licence.
[F19(1A)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.]
(2)Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.
(3)[F20A 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 [F21him] such conditions or additional conditions as [F20he 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.
(5)The traffic [F22commissioner] 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 [F23he 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 [F24commissioner] 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; F25. . .
(b)exercise [F24his] powers (whether of alteration or removal) under subsection (5) above; [F26or
(c)vary or remove any undertaking recorded in the licence;]
and a person making an application under this subsection shall give to the traffic [F24commissioner] such information as [F24he] may reasonably require for the discharge of [F24his] duties in relation to the application.
[F27(6A)In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.
(6B)In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.]
(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 [F28level 3 on the standard scale].
(8)Compliance with any condition attached to a PSV operator’s licence . . . F29[F30(other than a condition so attached under subsection (1A) above)] may be temporarily dispensed with by the traffic [F31commissioner] by whom the licence was granted if [F32he 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) [F33or (1A)] above to a PSV operator’s licence granted by the traffic [F34commissioner] 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 [F34commissioner] 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).
Textual Amendments
F17Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(4)
F18Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(a)
F19S. 16(1A) inserted by Transport Act 1985 (c. 67, SIF 126), s. 24(1)(a)
F20Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(b)
F21Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(b)
F22Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(c)
F23Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(c)
F24Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(d)
F25Word “or” in s. 16(6) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 4, Sch. 17; S.I. 1995/2835, art. 2
F26S. 16(6)(c) and the word “or” immediately preceding it inserted (1.1.1996) by 1994 c. 40, s. 59(4); S.I. 1995/2835, art. 2
F27S. 16(6A)(6B) inserted (1.1.1996) by 1994 c. 40, s. 59(5); S.I. 1995/2835, art. 2
F28Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F29Words repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F30Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 24(1)(b)
F31Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(e)
F32Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(e)
F33Words inserted by Transport Act 1985 (c. 67, SIF 67), s. 24(1)(c)
F34Word substituted by Transport Act 1985 (c. 67, SIF 67), s. 3(5), Sch. 2 Pt. II para. 4(7)(f)
Modifications etc. (not altering text)
C7S. 16 amended by Transport Act 1985 (c. 67, SIF 126), s. 12(4)
C8S. 16(1A) excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
C9S. 16(1A) excluded (1.1.1996) by S.I. 1995/2908, reg. 25
C10S. 16(2) excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
C11S. 16(5) amended by Transport Act 1985 (c. 67, SIF 126), s. 27(4)
(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 [F36section 14ZA(2)] 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 F37... transport manager of the requirements mentioned in [F38section 14ZA(3)(a) and (b)] of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.
F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.]
Textual Amendments
F35S. 16A and sidenote inserted (1.10.1999) by S.I. 1999/2431, reg. 5
F36Words in s. 16A(1)(a) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 5(2) (with Sch. 3 Pt. 1)
F37Word in s. 16A(1)(b) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 5(3)(a) (with Sch. 3 Pt. 1)
F38Words in s. 16A(1)(b) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 5(3)(b) (with Sch. 3 Pt. 1)
F39S. 16A(2) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 5(4) (with Sch. 3 Pt. 1)
[F40(1)The traffic commissioner by whom a standard licence was granted must revoke the licence if it appears to the commissioner at any time that—
(a)the holder no longer satisfies the requirements of section 14ZA(2), or
(b)the transport manager designated in accordance with Article 4 of the 2009 Regulation no longer satisfies the requirements of section 14ZA(3).
(1A)Before revoking a standard licence under subsection (1), the traffic commissioner may serve on the holder a notice setting a time limit, in accordance with Article 13.1 of the 2009 Regulation, for the holder to rectify the situation.
(1B)If the holder rectifies the situation within the time limit set under subsection (1A), the traffic commissioner must not revoke the licence.]
(2)Without prejudice to subsection (1) above, the traffic [F41commissioner] 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 [F42he directs]. . .;
F43(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F44... expectation which has not been fulfilled;
[F45(aa)that any undertaking recorded in the licence has not been fulfilled;]
(b)that there has been a contravention of any condition attached to the licence;
(c)that a prohibition under F46[M1section 69 of the Road Traffic Act 1988] 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 [section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition];
(d)in the case of a restricted licence, that the holder no longer satisfies [F47the requirements of section 14ZB];
(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.
[F48(f)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)[F49A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [F50an inquiry] if the holder of the licence requests [F51him] to do so.
(5)Where [F52a traffic commissioner decides] to revoke a licence under this section, [F53he] may direct that the revocation shall not take effect for such period as appears to [F53him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
[F54(5A)Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
(5B)A traffic commissioner who has suspended a licence under this section may at any time—
(a)cancel the suspension; or
(b)with the consent of the holder of the licence, vary the period for which it is suspended.]
F55(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40S. 17(1)-(1B) substituted for s. 17(1) (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 6(2) (with Sch. 3 Pt. 1)
F41Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(b)
F42Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(b)
F43S. 17(2)(c) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 5(2)(a), Sch. 17; S.I. 1995/2835, art. 2
F44Words in s. 17(3)(a) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 5(2)(a), Sch. 17; S.I. 1995/2835, art. 2
F45S. 17(3)(aa) inserted (1.1.1996) by 1994 c. 40, s. 59(6); S.I. 1995/2835, art. 2
F46Words in s. 17(3)(c) substituted (3.1.1995) by 1994 c. 40, s. 68, Sch. 14, para. 5(2)(b); S.I. 1994/3188, art. 3
F47Words in s. 17(3)(d) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 6(3) (with Sch. 3 Pt. 1)
F48S. 17(3)(f) added by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(5)
F49Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(c)
F50Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(6)
F51Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(c)
F52Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(d)
F53Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(d)
F54S. 17(5A)(5B) inserted (3.1.1995) by 1994 c. 40, s. 62(3); S.I. 1994/3188, art. 3
F55S. 17(6) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 6(4) (with Sch. 3 Pt. 1)
Modifications etc. (not altering text)
C12S. 17(1) amended by S.I. 1986/1628, reg. 5(1), Sch.
C13S. 17(2) modified by Transport Act 1985 (c. 67, SIF 126), s. 28(4)
C14S. 17(3)(d) excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
Marginal Citations
(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 [F57or under the 2009 Regulation], 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.]
Textual Amendments
F56S. 17A inserted by Transport Act 1985 (c. 67, SIF 126), s. 5
F57Words in s. 17A(1) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 7 (with Sch. 3 Pt. 1)
(1)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.
[F58(2)A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted—
(a)with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or
(b)with such lesser number of operators’ discs as he may request.
(2A)Where, in the case of any PSV operator’s licence, the maximum number referred to in subsection (2)(a) above is increased on the variation of one or more of the conditions there referred to, the traffic commissioner on making the variation shall supply the holder of the licence—
(a)with such number of additional operators’ discs as will bring the total number of operators’ discs held by him in respect of the licence to that maximum number, or
(b)with such lesser number of additional operators’ discs as he may request.
(2B)Where the number of operators’ discs currently held in respect of a PSV operator’s licence is less than the maximum number referred to in subsection (2)(a) above, the traffic commissioner by whom the licence was granted shall on the application of the holder of the licence supply him with such number of additional operators’ discs as is mentioned in subsection (2A)(a) or (b) above.
(2C)Where, in accordance with regulations under subsection (3)(aa) below, all the operators’ discs held in respect of a PSV operator’s licence expire at the same time, the traffic commissioner by whom the licence was granted shall supply the holder of the licence with a number of new operators’ discs equal to the number of discs that have expired.]
(3)Regulations may make provision—
(a)as to the form of operators’ discs and the particulars to be shown on them;
[F59(aa)as to the expiry of operators’ discs;]
(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 [F60on their expiry or otherwise ceasing to have effect,]on the revocation or [F61on termination] 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.
[F62(e)for the voluntary return of operators’ discs by the holder of a PSV operator’s 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 [F63level 3 on the standard scale].
Textual Amendments
F58S. 18(2)(2A)(2B)(2C) substituted for s. 18(2) (1.1.1996) by 1994 c. 40, s. 63(2); S.I. 1995/2835, art. 2
F59S. 18(3)(aa) inserted (1.1.1996) by 1994 c. 40, s. 63(3)(a); S.I. 1995/2835, art. 2
F60Words in s. 18(3)(d) inserted (1.1.1996) by 1994 c. 40, s. 68, Sch. 14 para. 6; S.I. 1995/2835, art. 2
F61Words in s. 18(3)(d) substituted (1.1.1996) by 1994 c. 40, s. 68, Sch. 14 para. 6; S.I. 1995/2835, art. 2
F62S. 18(3)(e) added (1.1.1996) by 1994 c. 40, s. 63(3)(b); S.I. 1995/2835, art. 2
F63Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C15S. 18 excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
C16S. 18(1) amended by S.I. 1986/1628, reg. 5(1), Sch.
(1)A person who has applied for a PSV operator’s licence shall forthwith notify the traffic [F64commissioner] 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.
(2)It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to the traffic [F65commissioner] 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.
[F66(2A)For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.]
(3)It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—
(a)the bankruptcy or liquidation of the holder, or the sequestration of his estate [F67or [F68the entry into administration of] the holder] or the appointment of a receiver, manager or trustee of his road passenger transport business; or
(b)any change in the identity of the transport manager of the holder’s road passenger transport business,
to give notice in writing of that event to the traffic [F69commissioner] by whom the licence was granted.
(4)[F70A 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 [F71him] forthwith or within a time specified by [F71him] of any material change specified by [F71him] in any of [F70the 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 [F72level 3 on the standard scale].
Textual Amendments
F64Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(a)
F65Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(a)
F66S. 19(2A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 7(2), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)
F67Words inserted by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 34, Sch. 9 para. 11(2)
F68Words in s. 19(3)(a) substituted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 1(1), Sch. para. 4 (with art. 6)
F69Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(a)
F70Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(b)
F71Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(b)
F72Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C17S. 19 excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
C18S. 19(1) amended by S.I. 1986/1628, reg. 5(1), Sch.
C19S. 19(2) amended by S.I. 1986/1628, reg. 5(1), Sch.
C20S. 19(3) amended by S.I. 1986/1628, reg. 5(1), Sch.
(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 [F73to the [F74Secretary of State]][F73in 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 [F73to the [F74Secretary of State]][F73in accordance with regulations made by virtue of subsection (2A) below].
[F75(2A)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 [F76an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector.]
(3)The traffic [F77commissioner] by whom a PSV operator’s licence was granted may—
(a)require the holder of the licence to supply [F77him] forthwith or within a specified time with such information as [F77he] may reasonably require about the public service vehicles owned by [F78the holder] and normally kept at an operating centre within the area of [F78that commissioner], and to keep up to date information supplied by [F78the holder] under this paragraph; or
(b)require the holder or former holder of the licence to supply [F77him] forthwith or within a specified time with such information as [F77he] may reasonably require about the public service vehicles owned by [F78the holder or former holder] at any material time specified by [F77him] which were at that time normally kept at an operating centre within the area of [F78that 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 [F79level 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 [F80level 4 on the standard scale].
F81(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F73By Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(9)(a), 76(2) a (prosp.) substitution of the words “in accordance with regulations made by virtue of subsection (2A) below” is made in place of the original words “to the traffic commissioners who granted the licence”
F74Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 29
F75S. 20(2A) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(9)(b), 76(2)
F76Words in s. 20(2A) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 19(4); S.I. 1992/1286, art. 2, Sch.
F77Word substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(11)(a)
F78Words substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(11)(a)
F79Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F80Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F81S. 20(6) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 170:1), s. 83, Sch.8; S.I. 1992/1286, art. 2, Sch., Appendix
Modifications etc. (not altering text)
C21S. 20 excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
C22S. 20(2A) extended (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(11)(b), 76(2)
(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 [F82commissioner] 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 [F82commissioner] for any traffic area,
for a certificate as to his repute and professional competence and, where relevant, his financial standing.
(2)A person applying for a certificate under subsection (1) above shall give to the traffic [F82commissioner] such information as [F82he] may reasonably require for the discharge of [F82his] duties in relation to the application.
(3)The traffic [F82commissioner] to whom an application under subsection (1) above is made shall certify such matters relating to the applicant as—
(a)[F83he is satisfied he] may properly certify, and
(b)appear to [F83the 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.
Textual Amendments
F82Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(12)(a)
F83Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(12)(c)