The Goods Vehicles (Licensing of Operators) Regulations 1995

[F1 PART 2 E+W+S Modification of these Regulations

Textual Amendments

F1 Sch. 3A inserted (1.10.2023) by The Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023 (S.I. 2023/805), regs. 1, 8

Modifications to Part 2 (applications) E+W+S

27.— (1) Regulation 4 (manner of making applications) has effect as if for paragraph (c) there were substituted—

“(c) if made for the issue of a licence, state whether it relates to a standard licence or a restricted licence.”.

(2) Regulation 7 (notice of applications) has no effect.

(3) Regulation 9 (inspection of applications) has effect as if paragraphs (1) and (3) were omitted and the heading is to be read as “Inspection of licences”.

Cessation of Part 3 (objections and representations) E+W+S

28.   Part 3 has no effect.

Cessation of Part 4 (operating centres) E+W+S

29.   Part 4 has no effect.

Modifications to Part 6 (applications and decisions) E+W+S

30.— (1) Regulation 21 (statement to be issued by the traffic commissioner) has effect as if for paragraph (1) there were substituted—

“(1) A traffic commissioner must publish as occasion may require a statement known as “Applications and Decisions”.

(1A) The statement must contain, unless previously notified—

(a) any direction given under section 26 to revoke, suspend or curtail a licence;

(b) in relation to inquiries—

(i) the dates on which, and the places at which, the inquiries are proposed to be held, and

(ii) decisions on applications.”.

(2) Regulation 22 has effect as if—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a) for “Articles 6.2(a) and” there were substituted “Article”;

(ii) sub-paragraphs (b) and (c) were omitted;

(b) paragraph (2)(b) were omitted;

(c) paragraph (3) were omitted.

Modifications to Part 7 (other matters) E+W+S

31.— (1) Regulation 23 (identification of motor vehicles) has effect as if—

(a) for paragraph (2) there were substituted—

“(2) The disc shall clearly indicate, by colour or other means—

(a) whether a vehicle is being used under a standard licence or under a restricted licence,

(b) that the vehicle may not be used for national transport operations, and

(c) the date on which the disc expires.”;

(b) paragraphs (5) and (6) were omitted.

(2) Regulation 26 (production of licence for examination) has effect as if for paragraph (1) there were substituted—

“(1) If requested by an officer or a police constable, the holder of an operator’s licence must produce the licence for inspection at a place specified by the officer or police constable.”.

(3) Regulation 28 (return of licences and discs) has effect as if—

(a) paragraphs (2) and (5) were omitted;

(b) in paragraph (3) “, or if a traffic commissioner has given a direction in respect of a licence under section 26(2),” were omitted.

(4) Regulation 29 (partnerships) has effect as if paragraphs (1), (3), (4), (5), (7) and (12) were omitted.

(5) Regulation 30 (holding companies and subsidiaries) has effect as if—

(a) in sub-paragraph (1)(b) for “section 17(1)(a)” there were substituted “section 17(3)(a)”;

(b) in sub-paragraph (2) for “section 17(1)(b)” there were substituted “section 17(3)(b)”;

(c) sub-paragraph (5) were omitted.

(6) Regulation 31 (continuance of licence on death, bankruptcy etc) has no effect.

(7) Regulation 32 (offences) has effect as if “, 28(2)” were omitted.

(8) Regulation 33 (classes of vehicle for which a licence is not required) has effect as if, in paragraph (2), for the words “on a plate affixed to the vehicle by virtue of regulation 66 of those Regulations” there were substituted “in accordance with the law of the country in which the international operator has an effective and stable establishment”.

Modification to Schedule 2 E+W+S

32.   Paragraph 2 of Schedule 2 has effect as if—

(a) sub-paragraphs (h), (i), (j) and (l) were omitted;

(b) in sub-paragraph (k) for “(a), (b), (d), (e), (g) and (h)” there were substituted “(a) and (c)”;

(c) for sub-paragraph (m) there were substituted—

“(m) in section 26(1)(b) the references to the licence-holder included references to the subsidiary, and as if the reference in sub-paragraph (iii) to a vehicle which the licence holder owned included a reference to a vehicle which the subsidiary owned.”.]