The Goods Vehicles (Licensing of Operators) Regulations 1995

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PART IE+W+S GENERAL

Commencement and citationE+W+S

1. These Regulations may be cited as the Goods Vehicles (Licensing of Operators) Regulations 1995, and shall come into force on 1st January 1996.

Commencement Information

I1Reg. 1 in force at 1.1.1996, see reg. 1

RevocationE+W+S

2. The Regulations set out in Schedule 5 are hereby revoked.

Commencement Information

I2Reg. 2 in force at 1.1.1996, see reg. 1

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires, any reference to—

(a)a numbered section is a reference to the section bearing that number in the Goods Vehicles (Licensing of Operators) Act 1995;

(b)a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations; and

(c)a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.

(2) In these Regulations, unless the context otherwise requires—

“the 1995 Act" means the Goods Vehicles (Licensing of Operators) Act 1995;
[F1“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21st October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;]
[F2“alternative fuel” means one or more of the following—
(a)
electricity;
(b)
hydrogen;
(c)
natural gas, including biomethane, in gaseous form and liquefied form;
(d)
liquefied petroleum gas;]
“application for a licence" means an application for an operator’s licence for which publication is required by section 10(1);
“application for the variation of a licence" means an application for the variation of an operator’s licence for which publication is required by section 17(3) and, “application" when used otherwise than as part of those expressions means—
(a)
an application for a licence, or
(b)
an application for the variation of a licence;
“Applications and Decisions" means a statement issued by a traffic commissioner under regulation 21;
“company" shall be construed as provided in [F3section 1 of the Companies Act 2006];
[F4“country” includes territory;]
“disc" means a disc issued in accordance with regulation 23(1) and (2) or 27(2);
“dual purpose vehicle" has the meaning given in column 2 of the Table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 M1;
“farm" includes a market garden;
“firm" has the same meaning as in section 4 of the Partnership Act 1890 M2;
“goods vehicle" has the same meaning as in section 58(1) F5...;
[F6“heavy goods vehicle” has the meaning given in section 58(1);]
“keeper", in relation to a goods vehicle, is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 M3;
[F7“interim licence” means a licence issued under section 24;]
[F7“interim direction” means a direction given by a traffic commissioner pursuant to section 25;]
[F8“international operator” means a person who has an effective and stable establishment in a country other than the United Kingdom that is comparable to an effective and stable establishment in Great Britain as determined in accordance with paragraph A1 of Schedule 3 to the 1995 Act;]
“licence" means an operator’s licence (whether standard or restricted) as defined in section 2(1) and, where the context so requires, includes the documentation which evidences the grant of an application;
“licence-holder", and “holder" in relation to a licence, mean the person to whom the licence was issued;
“motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads;
“maintenance" in relation to a goods vehicle includes inspection, repair and fuelling;
[F9“maximum laden weight” has the meaning given in Part IV of Schedule 6 to the Road Traffic Regulation Act 1984;]
“officer" has the meaning given in section 42;
“recovery vehicle" has the same meaning as in Part V of Schedule 1 to the Vehicle Excise and Registration Act 1994;
“relevant conviction" means any conviction mentioned in paragraph 5 of Schedule 2 to the 1995 Act or any conviction of contravening any provision of the law of Northern Ireland or of a country F10...outside the United Kingdom corresponding to any such conviction, not being in either case a spent conviction within the meaning of section 1(1) of the Rehabilitation of Offenders Act 1974 M4;
“showman’s goods vehicle" has the same meaning as in section 62 of the Vehicle Excise and Registration Act 1994;
“tower wagon" has the same meaning as in paragraph 17(2) of Schedule 2 to the Vehicle Excise and Registration Act 1994 (as originally enacted);
“trade licence" is a licence granted under section 11 of the Vehicle Excise and Registration Act 1994;
[F11“transport manager” has the meaning given in section 13A(5);]
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .