Part IV Miscellaneous and Supplemental
Environmental control of goods vehicle operating centres
52 Control of operating centres for goods vehicles on environmental grounds.
1
The operating centre of any authorised vehicle under a goods vehicle operator’s licence granted under Part V of the M10Transport Act 1968 shall be the base or centre at which it is normally kept (whether or not it is also normally used from there); and accordingly, in section 92(1) of that Act (interpretation of Part V), for the definition of “operating centre” there shall be substituted the following definition—
“operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence
2
The provisions set out in Part I of Schedule 4 to this Act (which establish control by licensing authorities under Part V of the M11Transport Act 1968 over—
a
the places which may be used as operating centres for authorised vehicles under goods vehicle operators’ licences granted under that Part of that Act; and
b
the use to which any such centre may be put for authorised vehicles under any operator’s licence so granted;
with a view to preventing or minimising any adverse effects on environmental conditions arising from the situation of any such centres or from their use as mentioned in paragraph (b) above) shall be inserted in Part V of that Act immediately after section 69.
3
Part II of Schedule 4 to this Act shall have effect for the purpose of making amendments of the provisions of the Transport Act 1968 relating to goods vehicle operators’ licences supplementing the provisions set out in Part I of that Schedule, and for the purpose of extending the right to object to or make representations against the grant or variation of such licences to certain authorities, other than local authorities, exercising planning functions.
Immobilisation of vehicles illegally parked
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Miscellaneous
56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
65 Marking of builders’ skips. C1
In section 139 of the M1Highways Act 1980 (control of builders’ skips), at the end of subsection (4)(a) (duty of owner of skip deposited on highway to secure that it is properly lighted) there shall be inserted the following words “and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked”.
66 Powers exercisable in relation to harbour authorities in the interests of national defence.
1
If it appears to the Secretary of State that there is anything which a harbour authority ought in the interests of national defence—
a
to have power to do in connection with any harbour which they are engaged in improving, maintaining or managing; or
b
to be required to do in connection with any such harbour;
he may authorise or direct the authority to do that thing.
2
No limitation on the powers of a harbour authority contained in any statutory provision, whenever passed or made, shall prevent the authority from acting in accordance with an authorisation or direction given under subsection (1) above.
3
A harbour authority or any other person who suffers injury, loss or damage in consequence of anything done in pursuance of an authorisation or direction given under subsection (1) above shall be entitled to receive from the Secretary of State such compensation as may be agreed or as may, in default of agreement, be determined by arbitration to be just having regard to all the circumstances of the particular case.
4
An arbitration under subsection (3) above shall, unless otherwise agreed, be the arbitration—
a
in England and Wales or Northern Ireland, of a single arbitrator to be appointed by the Lord Chancellor; and
b
in Scotland, of a single arbiter to be appointed by the Lord President of the Court of Session.
5
Any compensation payable by the Secretary of State under this section shall be paid out of money provided by Parliament.
6
Any authorisation or direction given to a harbour authority by the Secretary of State under subsection (1) above shall be in writing; and it shall be the duty of any harbour authority to comply with any directions given to them under that subsection.
7
In this section “harbour”, “harbour authority” and “statutory provision” have—
a
in relation to England, Wales and Scotland, the same meaning as in the M2Harbours Act 1964; and
b
in relation to Northern Ireland, the same meaning as in the M3Harbours Act (Northern Ireland) 1970.
67 Extended pension provision for members of transport Boards C2
In paragraph 8 of Schedule 1 to the M4Transport Act 1962 (salaries, pensions etc. of members of Boards of nationalised transport industries), in sub-paragraph (1)(b) (Minster may determine pensions to be paid on retirement or death of members of Boards), for the words “on retirement or death” there shall be substituted the words “in the case”.
68 Refusal or withdrawal of disabled persons’ badges. C3
In section 21 of the M5Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsection—
7A
Where the prescribed conditions are met in the case of any person, then—
a
if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and
b
if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them.
The conditions that may be prescribed for the purposes of this susbection are conditions relating to the misuse of badges issued under this section.
7B
A notice under subsection (7A) above may be given by post.
7C
A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect.
7D
A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time.
7E
Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
70 Payments in respect of applicants for exempting from wearing seat belts.
1
The Secretary of State may make payments out of money provided by Parliament in respect of the examination of applicants falling within any class mentioned in subsection (2) below, being applicants for medical certificates required as a condition of any exception prescribed by regulations under section 33A or 33B of the 1972 Act (wearing of seat belts).
2
The classes referred to in subsection (1) above are—
a
those in receipt of—
i
attendance allowance under section 35 of the M12Social Security Act 1975;
ii
mobility allowance under section 37A of that Act;
iii
disablement pension under section 57 of that Act at a weekly rate increased by virtue of section 61(1) of that Act (constant attendance needed); or
iv
an allowance under article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order M131978 (constant attendance allowance);
F14v
mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners mobility supplement); or
vi
a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force.
b
those in receipt F15of income support or family credit and their dependants;
c
those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the M14National Health Service (Scotland) Act 1978 or in receipt of grants under subsection (3) of that section in respect of invalid carriages or other vehicles which belong to them; and
d
those whose names are in the register of disabled persons maintained under section 6 of the M15Disabled Persons (Employment) Act 1944.
3
The Secretary of State may by order amend subsection (2) above (whether as originally enacted or as previously amended under this subsection) so as to omit any of the classes mentioned in that subsection or add to or substitute for any of those classes other classes of any description.
71 Northern Ireland.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M6Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act—
a
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
b
shall be subject to annulment in pursuance of a resolution of either House.
Supplemental
72 Application to Crown.
The following provisions of this Act, that is to say—
a
section 25; and
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
apply to vehicles and persons in the public service of the Crown.
73 Regulations and orders.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
4
5
Regulations made under this Act may—
a
make different provision for different cases; and
b
contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.
74 Minor and consequential amendments and repeals.
1
The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
2
The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the M7Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.
75 General interpretation.
In this Act—
“the M81967 Act” means the Road Traffic Regulation Act 1967;
“the M91972 Act” means the Road Traffic Act 1972;
“prescribed” means prescribed by regulations made by the Secretary of State; and
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes F13except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984.
76 Citation, commencement and extent.
1
This Act may be cited as the Transport Act 1982.
P12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16, this Act shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
4
An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provisions) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.
5
Without prejudice to the generality of subsection (4) above, the transitional provisions included by virtue of that subsection in any order bringing section 52 of and Schedule 4 to this Act into force may provide for applying Part V of the M16Transport Act 1968 as amended by that Schedule to operators’ licences granted under Part V before the order comes into operation with such modifications as appear to the Secretary of State to be appropriate.
6
Except for Part I of this Act and the provisions mentioned in subsection (7) below, this Act shall not extend to Northern Ireland.
7
The provisions referred to in subsection (6) above are—
a
sections 66, 67 and 71 of this Act; and
b
the amendments in paragraphs 5 and 20 of Schedule 5 to this Act of, respectively, section 48(2) of the Transport Act 1968 and Part III of Schedule 1 to the M17House of Commons Disqualification Act 1975.
8
In subsection (4) above, “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M18Interpretation Act 1978.