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PART IVE+W+S OPERATING CENTRES

Conditions which may be attached to a [F1heavy goods vehicle] licenceE+W+S

14.  The conditions which may be attached under section 23 to a [F2heavy goods vehicle] licence are conditions regulating—

(a)the number, type and size of authorised [F3heavy goods vehicles] which may at any one time be at any operating centre of the licence-holder [F4in the traffic area to which the licence relates] for the purposes of maintenance and parking;

(b)the parking arrangements to be provided for authorised [F5heavy goods vehicles] at or in the vicinity of every such operating centre;

(c)the times between which there may be carried out at every such operating centre any maintenance or movement of any authorised [F6heavy goods vehicle] and the times at which any equipment may be used for any such maintenance or movement; and

(d)the means of ingress to and egress from every such operating centre for any authorised [F7heavy goods vehicle].

Textual Amendments

Commencement Information

I1Reg. 14 in force at 1.1.1996, see reg. 1

Considerations relevant to determinations [F8as to environmental matters]E+W+S

15.—(1) The considerations prescribed as relevant to any determination of a kind specified in section 34(2) are—

(a)the nature and the use of any other land in the vicinity of the land used or proposed to be used as an operating centre, and any effect which the use of the land as an operating centre has, or would be likely to have, on the environment of that vicinity;

(b)in a case where the land proposed to be used as an operating centre is, or has previously been, used as an operating centre, the extent to which the grant of the application would result in any material change as regards that operating centre, or its use, which would adversely affect the environment of the vicinity of that land;

(c)in the case of an application which, if granted, would result in land which has not previoulsy been used as an operating centre being used as one, any information known to the traffic commissioner [F9dealing with the application] about any planning permission or application for planning permission relating to the land or any other land in the vicinity of that land;

(d)the number, type and size of [F10heavy goods vehicles];

(e)the arrangements for the parking of [F11heavy goods vehicles] or the proposed or likely arrangements for such parking;

(f)the nature and the times of the use of the land for the purpose of an operating centre or the proposed nature and times of the use of the land proposed to be used for that purpose;

(g)the nature and the times of the use of any equipment installed on the land used as an operating centre for the purpose of the use of that land as an operating centre or of any equipment proposed or likely to be installed on the land proposed to be used as an operating centre for that purpose; and

(h)the means and frequency of [F12heavy goods vehicle] ingress to, and egress from, the land used as an operating centre or the proposed means and frequency of such ingress to, and egress from, the land proposed to be used as an operating centre.

(2) In this regulation—

“operating centre" includes part of an operating centre and the place which would be the operating centre if the application were granted; and

“planning permission" has the same meaning, as regards England and Wales, as in section 336(1) of the Town and Country Planning Act 1990 M1, and, as regards Scotland, as in section 274(1) of the Town and Country Planning (Scotland) Act 1972 M2.

Textual Amendments

Commencement Information

I2Reg. 15 in force at 1.1.1996, see reg. 1

Marginal Citations

Conditions to be satisfied in relation to specified operating centresE+W+S

16.  The prescribed condition under sections 14(5)(c), 19(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 4 to the 1995 Act is that either—

(a)proceedings on any appeal (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired; or

(b)any review under section 36 has been determined or the time for giving notice of intention to review under section 36(2) has expired and no such notice of review has been served,

and if any appeal or notice of intention is withdrawn or abandoned the date of such withdrawal or abandonment shall be taken to be the time of expiry.

Commencement Information

I3Reg. 16 in force at 1.1.1996, see reg. 1

Period for service of notice on review of an operating centreE+W+S

17.  The period prescribed for the purpose of section 30(1) is two months.

Commencement Information

I4Reg. 17 in force at 1.1.1996, see reg. 1

Manner of service of notice on review of an operating centreE+W+S

18.  Paragraph 6 of Schedule 4 shall have effect in relation to serving of notices by [F13a traffic commissioner] on a licence-holder for the purposes of section 30(1), as if “section 30" were substituted for “the Schedule" in sub-paragraph (1) of that paragraph.

Textual Amendments

Commencement Information

I5Reg. 18 in force at 1.1.1996, see reg. 1

Manner of making representations in relation to a reviewE+W+S

19.  Without prejudice to section 31(5), the prescribed manner of making representations in relation to a review is by delivering a document to [F14a traffic commissioner]—

(a)setting out the representations;

(b)clearly identifying—

(i)the person making the representations,

(ii)the place specified in the [F15heavy goods vehicle] licence to which the representations relate,

(iii)land or property in the vicinity which is owned or occupied by the person making the representations; and

(c)signed—

(i)if made by an individual, by that person,

(ii)if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,

(iii)if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,

or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

Textual Amendments

Commencement Information

I6Reg. 19 in force at 1.1.1996, see reg. 1