- Latest available (Revised)
- Point in Time (04/12/2011)
- Original (As enacted)
Version Superseded: 03/07/2013
Point in time view as at 04/12/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Goods Vehicles (Licensing of Operators) Act 1995, Section 5 is up to date with all changes known to be in force on or before 20 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—
(a)any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and
(b)any trailer in the lawful possession of the licence-holder.
(2)An operator’s licence may provide—
(a)that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;
(b)that no trailers are authorised to be used under the licence; or
(c)that no motor vehicle that is not specified in the licence is authorised to be used under it.
(3)In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.
(4)An operator’s licence shall not authorise the use of any vehicle unless the place which is for the time being its operating centre—
(a)is in the area of the traffic commissioner by whom the licence was issued; or
(b)is outside that area but has not been the operating centre of that vehicle for a period of more than three months.
(5)For the purposes of subsection (4)(b), two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.
(6)A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) after the period of one month beginning with—
(a)the day on which the vehicle was first in the lawful possession of the licence-holder, or
(b)(if later) the day on which the licence came into force,
unless, during that period, the licence-holder has given to the traffic commissioner by whom the licence was issued a notice in such form and containing such information about the vehicle as the commissioner may require, and has paid to him [F1the prescribed fee (if any)].
(7)Where notice of a vehicle has been duly given and the prescribed fee [F2 (if any) ] has been duly paid under subsection (6), the traffic commissioner shall vary the licence by directing that the vehicle be specified in it.
(8)A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.
(9)Where it comes to the knowledge of the traffic commissioner by whom an operator’s licence (“the first licence”) was issued that a vehicle specified in that licence—
(a)has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or
(b)is specified in another operator’s licence,
he may vary the first licence by directing that the vehicle be removed from it.
Textual Amendments
F1Words in s. 5(6) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 125(1)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2Words in s. 5(7) inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 125(1)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C1S. 5 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 5(1)
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: