- Latest available (Revised)
- Point in Time (31/01/2017)
- Original (As enacted)
Point in time view as at 31/01/2017.
There are currently no known outstanding effects for the Road Traffic Regulation Act 1984, Section 38.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where, in pursuance of the powers conferred by section 32 of this Act, a local authority provides a parking place which may be used by public service vehicles, then, subject to Parts I to III and Part V of Schedule 9 to this Act, the local authority may, if they think fit,—
(a)by order appoint that parking place as a station for, or for a specified class of, public service vehicles;
(b)in England or Wales by regulation, and in Scotland by order, declare that section [F135A(5)] of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.
(2)A local authority by whom a parking place is appointed under this section as a station for public service vehicles may—
(a)do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories and other similar accommodation in connection with it;
(b)make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and
(c)make regulations as to the use of any such accommodation.
(3)Subject to subsection (4) below, a local authority shall have power to make such reasonable charges for the use of a parking place (not being part of a [F2road]) as a station for public service vehicles as may be fixed by the local authority.
(4)If the holder of a PSV operator’s licence in respect of any vehicles using the parking place as a station considers that the charges fixed under subsection (3) above are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction of them, the charges in respect of those vehicles shall be such as may be determined by [F3the appropriate traffic [F4commissioner][F3a traffic commissioner]].
(5)The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 32 and 33(1) of this Act.
(6)The purposes of this section shall be purposes for which a local authority may borrow.
(7)In this section—
(a)[F5“the appropriate traffic [F4commissioner]” means the [F4commissioner] for any traffic area constituted for the purposes of the M1Public Passenger Vehicles Act 1981 in which the area or any part of the area of the local authority is situated; and]
(b)“PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of the said Act of 1981.
Textual Amendments
F1 “35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 1
F2Word in s. 38(3) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(17) and substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.42; S.I. 1991/2288, art. 3,Sch.
F3Words in s. 38(4) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
F4Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 6
F5S. 38(7)(a) omitted (E.W.) (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Modifications etc. (not altering text)
C1S. 38 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 paras. 6(3), 12 and by Transport Act 1985 (c. 67, SIF 126), s. 82
Marginal Citations
M11981 c. 14(107:1).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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: