The Goods Vehicles (Licensing of Operators) Regulations 1995

Interpretation E+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;

• “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 section 735 of the Companies Act 1985 M1 ;

• “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 M2 ;

• “farm" includes a market garden;

• “firm" has the same meaning as in section 4 of the Partnership Act 1890 M3 ;

• “goods vehicle" has the same meaning as in section 58(1) but excludes a small goods vehicle as described in Schedule 1 to the 1995 Act;

• “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 M4 ;

• [F1 “interim licence” means a licence issued under section 24;]

• [F1 “interim direction” means a direction given by a traffic commissioner pursuant to section 25;]

• “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;

• “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 or territory 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 M5 ;

• “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;

• “visiting force", “headquarters" and “vehicle in the service of a visiting force or a headquarters" have the same meanings as in the Visiting Forces and International Headquarters (Application of Law) Order 1965 M6 .

Textual Amendments

F1 Words in reg. 3(2) inserted (1.4.2010) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010 (S.I. 2010/455), regs. 1(1)(a), 2(2)

Commencement Information

I1 Reg. 3 in force at 1.1.1996, see reg. 1

Marginal Citations

M1 1985 c.6; to which there are amendments not relevant to these Regulations.

M2 S.I. 1986/1078, as amended by S.I. 1994/329.

M3 1890 c.39.

M4 1994 c.22; section 60A was inserted by paragraph 26 of Schedule 4 to the Finance Act 1995 (c.4).

M5 1974 c.53.

M6 S.I. 1965/1536.