- Latest available (Revised)
- Point in Time (01/09/2007)
- Original (As enacted)
Version Superseded: 01/09/2009
Point in time view as at 01/09/2007.
Public Passenger Vehicles Act 1981, Cross Heading: Appeals to the Secretary of State is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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; [F3or any undertaking recorded in it]]
(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 F4. . ..
[F5(4A)A person who—
(a)within the prescribed period has made an application for a review under section 49A of this Act; and
(b)has been certified by the traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,
may appeal to the Transport Tribunal against the refusal of the application.]
(5)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.
[F6(5A)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.
[F7(6A)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).
Textual Amendments
F1S. 50 substituted by Transport Act 1985 (c. 67, SIF 126), s. 31
F2S. 50(2) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 7(1), Sch. 17; S.I. 1995/2835, art. 2
F3Words in s. 50(4)(a) added (1.1.1996) by 1994 c. 40, s. 68, Sch. 14 para. 7(2)(a); S.I. 1995/2835, art. 2
F4Words in s. 50(4)(c) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 7(2)(b), Sch. 17; S.I. 1995/2835, art. 2
F5s. 50(4A) inserted (1.1.1996) by 1994 c. 40, s. 65(2); S.I. 1995/2835, art. 2
F6S. 50(5A) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 21(4)(a), 76(2)
F7S. 50(6A)(6B) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 21(4)(b), 76(2)
Modifications etc. (not altering text)
C1S. 50(5) amended by S.I. 1983/1714, art. 10(4) (which S.I. is revoked (1.6.1991) by S.I. 1991/288, art. 2)
(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 [F9an examiner]] to issue such a certificate.
F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F11the examiner] for giving effect to his decision; and it shall be the duty of [F11the examiner] to comply with any such directions.
Textual Amendments
F8S. 51 substituted by Transport Act 1985 (c. 67, SIF 126), s. 31
F9Words in s. 51(1) substituted (1.7.1992) by virtue of Road Traffic Act 1991 (c. 40, SIF 170:1), s. 48, Sch. 4 para. 16(2); S.I. 1992/1286, art. 2,Sch.
F10S. 51(2) 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
F11Words in s. 51(4) substituted (1.7.1992) by virtue of Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 16(3); S.I. 1992/1286, art. 2,Sch.
(1)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 [F12commissioner] for each traffic area in respect of—
(i)applications for, and the grant of, PSV operators’ licences . . . F13;
[F14(ia)applications under section 16(6) of this Act and the grant of such applications;
(ib)the continuation in force of PSV operators’ licences;]
[F15(ii)applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to the commissioners and the issue of certificates on such applications;]
(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;
[F16(b)by the traffic [F12commissioner] for each traffic area . . . F17in respect of—
(i)applications for, and the issue of, licences to drive public service vehicles; and
(ii)the provision by the traffic [F12commissioner] . . . F17 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.]
(2)[F18A traffic commissioner] . . . F19 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;
[F20(b)the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;
(bb)the issue of any certificate, disc or other document referred to in subsection (1) above; or]
[F21(c)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.
[F22(2A)If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—
(a)the application shall be treated as withdrawn at that time;
(b)any decision made on the application ceases to have effect at that time; and
(c)any licence granted in pursuance of such a decision terminates at that time.
(2B)If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—
(a)the application shall be treated as withdrawn at that time;
(b)any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.
(2C)If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—
(a)the continuation in force of the licence; or
(b)the issue of operators’ discs under section 18(2C) of this Act,
is not duly paid by the prescribed time, the licence terminates at that time.
(2D)If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.
(2E)The traffic commissioner by whom a PSV operator’s licence was granted may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
(2F)Where the traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—
(a)report any matter to the Secretary of State; or
(b)give him notice of any alteration,
during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.]
(3)Any fees received by [F23a traffic commissioner] by virtue of this section . . . F24 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Textual Amendments
F12Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 4(14)(a)
F13Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 7, Sch. 8
F14S. 52(1)(a)(ia)(ib) inserted (1.1.1996) by 1994 c. 40, s. 66(2); S.I. 1995/2835, art. 2
F15S. 52(1)(a)(ii)substituted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), s. 74(1), Sch. 5 para. 22
F16S. 52(1)(b) repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F17Words repealed by S.I. 1984/31, art. 5(d)(i)
F18Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 4(14)(b)
F19Words repealed by S.I. 1984/31, art. 5(d)(ii)
F20S. 52(2)(b)(bb) substituted for s. 52(2)(b) (1.1.1996) by 1994 c. 40, s. 66(3); S.I. 1995/2835, art. 2
F21S. 52(2)(c) repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F22S. 52(2A)-(2F) inserted (1.1.1996) by 1994 c. 40, s. 66(4); S.I. 1995/2835, art. 2
F23Words substituted by virtue of Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 4(14)(c)
F24Words repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F25S. 52(4) repealed by S.I. 1984/31, art. 5(d)(iii)
Modifications etc. (not altering text)
C2S. 52(1) extended by Transport Act 1985 (c. 67, SIF 126), s. 126(1)
C3S. 52(2) extended (with modifications) by Transport Act 1985 (c. 67, SIF 126), s. 126(2)
(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 . . . F26 traffic commissioners, F27. . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, [F28or II] . . . F29 of this Act, including any expenses incurred in connection with the employment of police officers as F27. . . vehicle examiners.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
F26Word repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F27Words in s. 53(1) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40 SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.,Appendix
F28Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 8
F29Words repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F30S. 53(2) repealed by S.I. 1984/31, art. 5(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: