Fixed penalties

6Goods vehicles operator licensing

(1)

The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows.

(2)

In subsection (1) of section 9 (duty of applicant for operator's licence to notify traffic commissioner of notifiable conviction subsequent to making of application), insert at the end “ or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule. ”

(3)

In subsection (3)(b) of that section (offence of failing to notify conviction of transport manager), insert at the end “ or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence. ”

(4)

In subsection (1) of section 26 (revocation, suspension and curtailment of operators' licences), after paragraph (c) insert—

“(ca)

that during those five years a fixed penalty notice or conditional offer has been issued under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder in respect of an offence within sub-paragraph (i) of paragraph (c) or to a servant or agent of the licence-holder in respect of an offence within sub-paragraph (ii) of that paragraph;”.

(5)

In paragraph (d) of that subsection, insert at the end “ or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence; ”.

(6)

In paragraph 1 of Schedule 2 (information about, and convictions of, applicants for and holders of operators' licences), after paragraph (f) insert—

“(fa)

particulars of any notifiable fixed penalty notices which have been issued during those five years;”.

(7)

After paragraph 6 of that Schedule insert—

“ “Notifiable fixed penalty notices”

7

In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—

(a)

issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or

(b)

issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).”