C1Part II Local transport
Financial and competition provisions
I1C2155F10Sanctions
1
Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse—
a
failed to operate a local service registered under section 6 of the M1Transport Act 1985,
F11aa
failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,
b
operated a local service in contravention of that section or section 118(4) or 129(1)(b) of this Act, or
c
failed to comply with section 138 or 140(3) of this Act,
he may F3make one or more orders under subsection (1A) .
F121A
The orders are—
a
an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);
b
an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);
c
an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;
d
an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.
1B
An order under subsection (1A)(b) may require the operator to expend money on or towards—
a
the provision of specified local services or specified facilities to be used in connection with such services;
b
specified improvements in such services or facilities.
In this subsection “specified” means specified in the order.
1C
Compensation under subsection (1A)(c)—
a
may take the form of payments of money, or
b
may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;
and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).
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3
F2The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —
a
£550, or
b
such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
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5
After F6making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—
a
the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
b
the operator.
6
F86A
If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).
6B
That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).
F97
An amount ordered to be paid under subsection (1A)(a) or (6A) is—
a
payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and
b
recoverable as a civil debt.
F18
Other provisions that may need to be considered include the following provisions of the Transport Act 1985—
a
sections 26 and 27 (attachment of conditions to PSV operator's licence),
b
sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).
Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)