The Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984. They implement Council Directive (EEC) No. 438/89 of 21st June 1989 (OJ No. L212, 22.7.89, p. 101) amending Council Directive (EEC) No. 561/74 of 12th November 1974 on admission to the occupation of road haulage operator in national and international transport operations (OJ No. L308,19.11.74, p.18).

The principal changes made by the Regulations are—

(1) the introduction of a new definition of “relevant conviction” to which the licensing authority is to have regard in relation to operator licensing to include convictions of the serious offences and the road transport offences specified in paragraph 1 of Schedule 6 to the 1984 Regulations as so amended (regulation 3);

(2) the introduction of further provision to take account of the implementation of the Directives in the case of persons in partnership (regulations 4 and 5);

(3) the insertion of a new regulation empowering the licensing authorities to grant temporary exemptions from the requirement for a standard licence for the use of vehicles for hire or reward on national transport operations in certain circumstances (regulation 6);

(4) an amendment to paragraph 1 of Schedule 6 to the 1984 Regulations to require the licensing authority to determine that an individual is not of good repute if he

(a) has been convicted of serious offences; or

(b) repeatedly convicted of road transport offences.

A “serious offence” is one for which a sentence of imprisonment of more than three months, a fine exceeding level 4 on the standard scale or a community service order was imposed and a “road transport offence” is an offence under the law relating to road transport, in particular drivers' hours and rest periods, the weights and dimensions of commercial vehicles and road and vehicle safety (regulation 7(a) and Article 1.4 of the 1989 Directive);

(5) an amendment to paragraph 2 of Schedule 6 to the 1984 Regulations specifying the minimum capital and reserves that must be available to an applicant for, or holder of, a standard operator’s licence authorising the use of vehicles for international transport operations if he is to be considered to be of appropriate financial standing (regulation 7(b) and Article 1.5 of the 1989 Directive);

(6) an amendment to paragraph 3A of Schedule 6 to the 1984 Regulations to require a company which is an applicant for, or holder of, a standard operator’s licence in order to satisfy the requirement of professional competence to have a transport manager who is, or where it has more than one transport manager, each of whom is, of good repute and professionally competent (regulation 7(c) and Article 1.3).