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SCHEDULES

SCHEDULE 1E+W+S Amendments Consequential on the Abolition of Road Service Licensing

The M1Road Traffic Regulation Act 1984E+W+S

Marginal Citations

15(1)The Road Traffic Regulation Act 1984 shall be amended as follows.E+W+S

(2)In section 7(5) (restriction on the right to appeal from road service licensing decisions of traffic commissioners in any case where the decision is certified to be necessary to secure conformity with a traffic regulation order), for the words from “traffic commissioners” to “the commissioners” there shall be substituted the words “traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies”.

(3)In section 10—

(a)in subsection (4) (restriction on the right to appeal from road service licensing decisions of traffic commissioners in any case where the decision is certified to be necessary to secure conformity with an experimental traffic order), for the words from “traffic commissioners” to “the commissioners” there shall be substituted the words “commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies”; and

(b)after subsection (5) there shall be inserted the following subsection—

(6)The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.

(4)In section 142(1) (interpretation), in the definition of “public service vehicle”, for the words “and ”stage carriage’ have the same meanings” there shall be substituted the words “has the same meaning”.

(5)In Schedule 9—

(a)in paragraph 13(3)(b), for the words “stage carriage” there shall be substituted the words “vehicle being used in the provision of a local service within the meaning of the Transport Act 1985”; and

(b)in paragraph 13(3)(c)(i), there shall be substituted for the words from “stage carriage”, where they first occur, to “1981” the words “local service (within the meaning of the Transport Act 1985)” and for the words “stage carriage”, where they next occur, the word “vehicle”.

16(1)Subject to any provision made by or under this Act, in any enactment or instrument passed or made before the commencement of section 1 of this Act—E+W+S

(a)any reference to a stage carriage service shall be construed as a reference to a local service;

(b)any reference to an express carriage service shall be construed as a reference to any service for the carriage of passengers for hire or reward at separate fares which is neither a local service nor one provided by a vehicle to which sub-paragraph (2) below applies;

(c)any reference to a stage carriage shall be construed as a reference to a public service vehicle being used in the provision of a local service;

(d)any reference to an express carriage shall be construed as a reference to a public service vehicle being used to carry passengers for hire or reward at separate fares other than one being used in the provision of a local service; and

(e)any reference to a contract carriage shall be construed as a reference to a public service vehicle being used to carry passengers for hire or reward otherwise than at separate fares.

(2)When used in circumstances in which the conditions set out in Part III of Schedule 1 to the 1981 Act are fulfilled, a public service vehicle carrying passengers at separate fares shall be treated, for the purposes of any enactment or instrument to which paragraph (d) or (e) of sub-paragraph (1) above applies, as being used to carry passengers otherwise than at separate fares.