The Goods Vehicles (Licensing of Operators) Regulations 1995

Explanatory Note

(This Note is not part of the Regulations)

1.  These Regulations are made under powers conferred by the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act") and the European Communities Act 1972. E+W+S

2.  These Regulations revoke and substantially re-enact the 1984 Regulations, although provisions in the 1984 Regulations dealing with the qualification requirements of operators have been moved to the 1995 Act, and provisions dealing with fees are now contained in the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995. These Regulations also include new provisions consequent on the prospective changes to the goods vehicle operator licensing system made by Chapter III of Part I of the Deregulation and Contracting Out Act 1994 which were included in the consolidating 1995 Act, including continuous licensing and review of operating centres, and for partnerships. E+W+S

3.  Part I (regulations 1—3) contains general provisions including commencement, revocation and interpretation. E+W+S

4.  Part II (regulations 4—9) prescribes matters relating to applications for licences. In particular— E+W+S

(a)  regulation 4 requires applications to be made on a form supplied by the traffic commissioner, to contain information required by that form and to be executed as specified; E+W+S

(b)  regulations 5 and 6 require that unless the traffic commissioner decides otherwise an application shall reach him not less than 9 weeks before the licence or variation applied for is to take effect; E+W+S

(c)  regulation 7 prescribes the manner of publication by a traffic commissioner of notice of applications and stipulates that it shall contain the information contained in Schedule 1; E+W+S

(d)  regulation 8 imposes restrictions on proceeding with applications; and E+W+S

(e)  regulation 9 provides that specified persons shall have facility to inspect applications. E+W+S

5.  Part III (regulations 10—13) prescribes various matters relating to objections and representations. In particular— E+W+S

(a)  regulation 10 specifies which trade unions and associations may make an objection; E+W+S

(b)  regulation 11 prescribes the manner in which objections or representations shall be made; E+W+S

(c)  regulation 12 makes provision about the timing of objections and representations; and E+W+S

(d)  regulation 13 provides that the traffic commissioner shall consider every objection or representation received by him when deciding whether or not to hold an inquiry. E+W+S

6.  Part IV (regulations 14—19) contains provisions about operating centres. In particular— E+W+S

(a)  regulation 14 prescribes the conditions as to use of the operating centre which may be attached to a licence (including number, type and size of goods vehicles, parking and access arrangements and times of operation); E+W+S

(b)  regulation 15 prescribes the environmental considerations which the traffic commissioner shall have regard to when determining the suitability of a place for use as an operating centre, or attaching, varying or removing a condition to a licence, or the effect or likely effect that an operating centre might have on the locality; E+W+S

(c)  regulation 16 prescribes conditions to be satisfied in relation to determination of when an operating centre is regarded as being specified in an operator’s licence; E+W+S

(d)  regulations 17 and 18 prescribe the period for and the manner of service of a notice stating that the traffic commissioner proposes to review an operating centre; and E+W+S

(e)  regulation 19 prescribes the manner of making a representation in relation to a review of an operating centre. E+W+S

7.  Part V (regulation 20) and Schedule 4 prescribe various matters relating to inquiries held by a traffic commissioner under section 35 of the 1995 Act. E+W+S

8.  Part VI (regulations 21 and 22) prescribes matters relating to the content, publication and availability of statements (known as “Applications and Decisions") by a traffic commissioner, and relating to the provision of reasons for his decisions. E+W+S

9.  Part VII (regulations 23—36) prescribes other matters relating to licences. In particular— E+W+S

(a)  regulation 23 provides for specified motor vehicles being used under a licence to be identified as such by a disc; E+W+S

(b)  regulation 24 provides for the temporary use of a motor vehicle under a licence when a vehicle specified in a licence has become unfit for service or is being restored; E+W+S

(c)  regulation 25 provides for a traffic commissioner to be notified of a change of the address of the licence-holder; E+W+S

(d)  regulation 26 requires that the licence-holder must within 14 days produce the licence for inspection in certain circumstances; E+W+S

(e)  regulation 27 provides for the issue by the traffic commissioner in certain circumstances of copy licences or discs; E+W+S

(f)  regulation 28 provides that if the licence-holder of a licence ceases to use a motor vehicle under a licence he must return the licence and the relevant discs for the traffic commissioner to vary, cancel or retain as the case may require; E+W+S

(g)  regulation 29 provides in respect of partnerships; E+W+S

(h)  regulation 30 with Schedule 2 provides in respect of holding companies and subsidiaries; E+W+S

(i)  regulation 31 provides for the temporary continuance of the licence in specified circumstances of death, mental disorder, bankruptcy, liquidation and receivership of a licence-holder; E+W+S

(j)  regulation 32 creates an offence for contravening or failing to comply with specified obligations contained in these Regulations; E+W+S

(k)  regulation 33 with Schedule 3 specifies classes of vehicles for which an operator’s licence is not required; E+W+S

(l)  regulations 34 and 35 provide the time of and manner for service of a notice of review on the ground of procedural irregularity by the traffic commissioner; and E+W+S

(m)  regulation 36 interprets “relevant weight" for the purpose of determining whether a goods vehicle’s weight exceeds a weight restriction specified in an operator’s licence. E+W+S