Determination of applications
13F1Determination of applications for operators’ licences
1
Subject to sections 11 and 45(2), on an application for a standard licence a traffic commissioner shall consider—
a
whether the requirements of subsections (3) and (5) are satisfied, and
b
if he thinks fit, whether the requirements of subsection (6) are satisfied.
2
Subject to sections 11 and 45(2), on an application for a restricted licence a traffic commissioner shall consider—
a
whether the requirements of subsections (4) and (5) are satisfied, and
b
if he thinks fit, whether the requirements of subsection (6) are satisfied.
3
For the requirements of this subsection to be satisfied the traffic commissioner must be satisfied that the applicant fulfils the following requirements, namely—
a
that he is of good repute,
b
that he is of the appropriate financial standing, and
c
that he is professionally competent;
and the traffic commissioner shall determine whether or not that is the case in accordance with Schedule 3.
4
For the requirements of this subsection to be satisfied the applicant must not be unfit to hold an operator’s licence by reason of—
a
any activities or convictions of which particulars may be required to be given under section 8(4) by virtue of paragraph 1(e) or (f) of Schedule 2, or
b
any conviction required to be notified in accordance with section 9(1).
5
For the requirements of this subsection to be satisfied it must be possible (taking into account the traffic commissioner’s powers under section 15(3) to issue a licence in terms that differ from those applied for) to issue a licence on the application in relation to which paragraphs (a) to (e) will apply—
a
there are satisfactory arrangements for securing that—
i
Part VI of the
M1
Transport Act 1968 (drivers’ hours), and
ii
the applicable Community rules, within the meaning of that Part,
are complied with in the case of the vehicles used under the licence;
b
there are satisfactory arrangements for securing that the vehicles used under the licence are not overloaded;
c
there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;
d
at least one place in the traffic commissioner’s area is specified in the licence as an operating centre of the licence-holder, and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);
e
the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.
6
For the requirements of this subsection to be satisfied the provision of such facilities and arrangements as are mentioned in subsection (5)(c) must not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.
7
In considering whether any of the requirements of subsections (3) to (6) are satisfied, the traffic commissioner shall have regard to any objection duly made under section 12(1)(a) in respect of the application.
8
In considering whether the requirements of subsection (5) are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.
9
In considering whether subsection (5)(d) will apply in relation to a licence, the traffic commissioner may take into account any conditions that could be attached to the licence under section 21, and may assume that any conditions so attached will not be contravened.
10
In considering whether subsection (5)(d) or (e) will apply in relation to a licence, the traffic commissioner may take into account (if that is the case) that any proposed operating centre of the applicant would be used—
a
as an operating centre of the holders of other operators’ licences as well as of the applicant; or
b
by the applicant or by other persons for purposes other than keeping vehicles used under the licence.
11
If the traffic commissioner determines that any of the requirements that he has taken into consideration in accordance with subsection (1) or (2) are not satisfied he shall refuse the application, but in any other case he shall, subject to sections 14 and 45(2), grant the application.
F11
On an application for a standard licence a traffic commissioner must consider—
a
whether the requirements of sections 13A and 13C are satisfied, and
b
if the commissioner thinks fit, whether the requirement of section 13D is satisfied.
2
On an application for a restricted licence a traffic commissioner must consider—
a
whether the requirements of sections 13B and 13C are satisfied, and
b
if the commissioner thinks fit, whether the requirement of section 13D is satisfied.
3
Subsections (1) and (2) are subject to sections 11 (publication of application) and 45(2) (payment of application fee).
4
In considering whether any of the requirements of sections 13A to 13D are satisfied, the traffic commissioner must have regard to any objection duly made under section 12(1)(a) in respect of the application.
5
If the traffic commissioner determines that any of the requirements that the commissioner has taken into consideration in accordance with subsection (1) or (2) are not satisfied, the commissioner must refuse the application.
6
In any other case the commissioner must grant the application, unless either of the following provisions applies—
a
section 14(2) (power to refuse application on environmental grounds);
b
section 45(2) (power to refuse to proceed until fee is paid).