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- Point in Time (01/09/2007)
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Version Superseded: 22/04/2011
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Public Passenger Vehicles Act 1981, Section 82 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.
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(1)In this Act, unless the context otherwise requires—
“certificate of initial fitness” has the meaning given by section 6.
F1. . .
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“company” means a body corporate;
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“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;
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“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—
[F5“local service” has the same meaning as in the Transport Act 1985;]
“magistrates’ court” [F6has the same meaning] as in the M2Magistrates’ 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);
[F7“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 [F8except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984];
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“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 M3Interpretation Act 1978;
[F11“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 M4Light 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
[F13(1A)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.
[F14(3)In this Act—
(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;
(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.]
Textual Amendments
F1S. 82(1): definition 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
F2Definition repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F3Definition repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 13, Sch. 8
F4S. 82(1): words in definition of "local authority" inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 121(4) (with s.128(8)); S.I. 1996/323, art. 2
F5Definition inserted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 13
F6Words in definition of “magistrates court” substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 37 (with Sch. 14 para. 7(2))
F7Definition inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), s. 76(2), Sch. 5 para. 23(a)
F8Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 83
F9Definition repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 13, Sch. 8
F10Definition repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 13, Sch. 8
F11Definition inserted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(20)
F12Definition repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 13, Sch. 8
F13S. 82(1A) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), s. 76(2), Sch. 5 para. 23(b)
F14S. 82(3) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 36 (ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1
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