C1C2C3Part I General Provisions Relating to Road Passenger Transport

Annotations:
Modifications etc. (not altering text)
C1

Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)

Modification of PSV requirements in relation to vehicles used for certain purposes

23 Further provision with respect to community bus permits.

1

The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit.

2

Those requirements are that—

a

the driver receives no payment for driving except—

i

reimbursement of any reasonable expenses incurred by him in making himself available to drive; and

ii

an amount representing any earnings lost as a result of making himself available to drive in exceptional circumstances;

b

the driver either holds F1a passenger-carrying vehicle driver’s licence F2or PCV Community licence (within the meaning of Part IV of the Road Traffic Act 1988) F3or a public service vehicle driver’s licence F2or PCV Community licence or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and

c

any vehicle used under the permit fulfils any prescribed conditions of fitness for such use.

3

A traffic commissioner may at any time attach to a community bus permit granted by him such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit.

4

The traffic commissioner by whom a community bus permit was granted may at any time while the permit is in force vary or remove any condition attached to it under subsection (3) above.

5

Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

The traffic commissioner by whom a community bus permit was granted may at any time revoke the permit on the ground—

a

that he is no longer satisfied with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit;

b

that there has been a contravention of any condition attached to the permit; or

c

that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit which has its operating centre in his area.

7

Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations.

8

Regulations may prescribe—

a

the form of community bus permits; and

b

the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried.