Part I General Provisions Relating to Road Passenger Transport
Further amendments with respect to PSV operators’ licences
26 Conditions attached to PSV operator’s licence.
(1)
F1Where F1Subsection (1A) below applies in any case where it appears to a traffic commissioner, in relation to a person (“the operator”) F2who has been granted or to whom it is proposed to grant a PSV operator’s licence, that—
(a)
the operator has failed to operate a local service registered under section 6 of this Act; or
(b)
F9(bza)
(ba)
F15(baa)
the operator has failed to take all reasonable steps to comply with a requirement imposed under section 143A F16or 143B of the Transport Act 2000; or
(bb)
the operator has failed to comply with section 32(1) or 34(3) of the Transport (Scotland) Act 2001;
F17(bc)
the operator has failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010;
(c)
the arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition are not adequate for the use of those vehicles in providing the local service or services in question; or
(d)
the operator, or any employee or agent of his, has—
(i)
intentionally interfered with the operation of a local service provided by another operator;
(ii)
operated a local service in a manner dangerous to the public; or
(iii)
been guilty of any other serious misconduct (whether or not constituting a criminal offence) in relation to the operation of a local service; or
(e)
a condition attached under section 8 of this Act to the operator’s licence has been contravened;
F18(1A)
F19The traffic commissioner F19A traffic commissioner may (on granting the licence or at any other time) attach F20, or direct a traffic commissioner for another traffic area to attach, a condition falling within subsection (1B) below to any one or more of the following PSV operator's licences (wherever granted)—
(a)
the licence mentioned in subsection (1) above;
(b)
any other licence held by the operator;
(c)
where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
(1B)
The conditions are—
(a)
a condition prohibiting the holder of the licence from using vehicles under the licence to provide any local service of a description specified in the condition;
(b)
a condition prohibiting the holder of the licence from so using vehicles to provide local services of any description.
(1C)
A condition under subsection (1A) may be attached—
(a)
indefinitely; or
(b)
for a period of time specified by the traffic commissioner (which may commence immediately or on a date so specified).
(2)
The commissioner may attach a condition to a PSV operator’s licence under F21subsection (1) F21subsection (1A) above, by reference to circumstances falling within paragraph (a) or (b) of F22that subsection F22subsection (1) above if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct or that it is appropriate to attach F23... the condition in view of—
(a)
the danger to the public involved in the operator’s conduct; or
(b)
the frequency of conduct of the kind in question on the part of the operator.
F24(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where the effect of a condition attached to a PSV operator’s licence under F25subsection (1) F25subsection (1A) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, F26a traffic commissioner may cancel the registration.
F27(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F28Where F28Subsection (5A) below applies in any case where it appears to F29a traffic commissioner that—
(a)
vehicles used under the licence (or under any PSV operator’s licence previously held by the operator) have not been maintained in a fit and serviceable condition; or
(b)
the operator has been involved in arrangements with any other operator for the use of each other’s vehicles with a view to hindering enforcement of any requirements of the law relating to the operation of those vehicles;
F30(5A)
F31The traffic commissioner F31A traffic commissioner may (on granting the licence or at any other time) attach F32, or direct a traffic commissioner for another traffic area to attach, to any one or more of the licences mentioned in subsection (5B) below a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition.
(5B)
The licences are the following PSV operator's licences (wherever granted)—
(a)
the licence mentioned in subsection (5) above;
(b)
any other licence held by the operator;
(c)
where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
(5C)
F33Where a direction is given under subsection (5A) above to a traffic commissioner for another area, that traffic commissioner must either—
(a)
attach the condition to the licence; or
(b)
if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.
(6)
(a)
apply only to vehicles which have their operating centre in the traffic area F35to which the licence relates; and
(b)
be in addition to (and not be taken as prejudicing in any way) any conditions attached to the licence under section 16 of the 1981 Act as to the maximum number of vehicles which the operator may at any one time use under the licence.
F36(7)
In this section “undertaking” and “group undertaking” have the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).