SCHEDULE 1 NOTICE OF APPLICATION FOR A LICENCE OR A VARIATION OF A LICENCE
I11
Information to be given in Notice of Application—
a
Name of applicant.
b
Trading name, if any.
c
Address for receipt of correspondence.
d
Whether the application is in respect of a new licence, or the variation of a licence.
e
The place or places proposed to be used as an operating centre or centres (including, if available, the postal address or addresses).
f
The number of motor vehicles and trailers proposed to be kept at each operating centre or centres.
g
The number of motor vehicles and trailers now kept, if different.
h
In respect of an existing licence, details of any proposed changes to or removal of existing conditions or undertakings affecting an operating centre.
I22
Every notice shall contain the following wording:
Owners or occupiers of land (including buildings) near the operating centre(s) who believe that their use or enjoyment of that land would be affected, should make written representations to the Traffic Commissioner at [address of Traffic Area Office] stating their reasons, within 21 days of this notice. Representors must at the same time send a copy of their representations to the applicant at the address given at the top of this notice. A Guide to making representations is available from the Traffic Commissioner’s office.
SCHEDULE 2 MODIFICATIONS IN RELATION TO HOLDING COMPANIES AND SUB SIDIARIES
I31
The 1995 Act and these Regulations have effect as if any reference (except in this Schedule) to a provision which is modified by this Schedule were a reference to that provision as so modified.
I42
The 1995 Act has effect as if—
a
goods vehicles in the lawful possession of the subsidiary were in the lawful possession of the holding company;
b
where a goods vehicle is used in circumstances in which, but for the provisions of regulation 30 the subsidiary would be deemed to be the user, the holding company were the user;
c
a trade or business carried on by the subsidiary were carried on by the holding company;
d
the subsidiary were an applicant for the grant or variation of the licence;
e
any operating centre of the subsidiary were an operating centre of the holding company;
f
any person who is a director of the subsidiary were a director of the holding company;
g
any person who is an employee of the subsidiary were an employee of the holding company;
h
for section 10(1) there were substituted the following sub-section—
1
The traffic commissioner may publish in the prescribed manner notice of any application to him for an operator’s licence made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act
i
in section 22(1) the reference in paragraph (b) to persons holding shares in the company included a reference to persons holding shares in the subsidiary, and the reference in paragraph (c) to the licence-holder included a reference to the subsidiary;
j
in section 17(3) for the words “Except in the case mentioned in subsection (4), the traffic commissioner shall publish" there were substituted “In the case of an application for a direction under subsection (1)(a) of this section made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act, the traffic commissioner may publish";
k
in section 26(1) the references in paragraphs (a), (b), (d), (e), (g) and (h) to the licence-holder included references to the subsidiary;
l
in section 26(5) the reference to the licence-holder included a reference to the subsidiary;
m
in section 26(1)(c) the references to the licence-holder or any servant or agent of his included references to the subsidiary or any servant or agent of it, and as if the reference in sub-paragraph (iii) to a vehicle of which the licence-holder was the owner included a reference to a vehicle of which the subsidiary was the owner;
n
in section 28(1) the reference to the licence-holder included a reference to the subsidiary;
o
in section 28(4)(a) after sub-paragraph (ii) there were inserted the following sub-para graph—
iii
a company which is a subsidiary of such a company; or
p
in section 28(5) there were substituted for paragraph (a) “where that person is a company or other body corporate which is the licence-holder in respect of a subsidiary of that company or other body corporate in pursuance of Regulations made under section 46 of this Act, in relation to any director of that company or other body corporate or of that subsidiary.".
I53
These Regulations shall have effect as if—
a
in section 8 the reference to an operating centre of the applicant included a reference to an operating centre of the subsidiary;
b
in regulation 26 the reference to the licence-holder included a reference to the subsidiary.
SCHEDULE 3 CLASSES OF VEHICLES FOR WHICH A LICENCE IS NOT REQUIRED
PART I
I61
Any tractor as defined in paragraph 4(3) of Part IV of Schedule 1 to the Vehicle Excise and Registration Act 1994 (as originally enacted) while being used for one or more of the purposes specified in Part II of this Schedule.
I72
A dual-purpose vehicle and any trailer drawn by it.
I83
A vehicle used on a road only in passing from private premises to other private premises in the immediate neighbourhood belonging (except in the case of a vehicle so used only in connection with excavation or demolition) to the same person, provided that the distance travelled on a road by any such vehicle does not exceed in the aggregate 9.654 kilometres, (6 miles), in any one week.
I94
A motor vehicle constructed or adapted primarily for the carriage of passengers and their effects, and any trailer drawn by it, while being so used.
I105
A vehicle which is being used for funerals.
I116
A vehicle which is being used for police, F1fire brigadeF1relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))F2or, in England or Wales, fire and rescue authority or ambulance F3or Serious Organised Crime Agency purposes.
I127
A vehicle which is being used for fire-fighting or rescue operations at mines.
I138
A vehicle on which no permanent body has been constructed, which is being used only for carrying burden which either is carried solely for the purpose of test or trial, or consists of articles and equipment which will form part of the completed vehicle when the body is constructed.
I149
A vehicle which is being used under a trade licence.
I1510
A vehicle in the service of a visiting force or of a headquarters.
I1611
A vehicle used by or under the control of Her Majesty’s United Kingdom forces.
I1712
A trailer not constructed primarily for the carriage of goods but which is being used incidentally for that purpose in connection with the construction, maintenance or repair of roads.
I1813
A road roller and any trailer drawn by it.
I1914
A vehicle while being used under the direction of HM Coastguard or of the Royal National Lifeboat Institution for the carriage of life-boats, life-saving appliances or crew.
I2015
A vehicle fitted with a machine, appliance, apparatus or other contrivance which is a permanent or essentially permanent fixture, provided that the only goods carried on the vehicle are—
a
required for use in connection with the machine, appliance, apparatus or contrivance or the running of the vehicle;
b
to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle on a road in order to thrash, grade, clean or chemically treat grain;
c
to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle in order to make fodder for animals; or
d
mud or other matter swept up from the surface of a road by the use of the machine, appliance, apparatus or other contrivance.
I2116
A vehicle while being used by a local authority for the purposes of the enactments relating to weights and measures or the sale of food and drugs.
I2217
A vehicle while being used by a local authority in the discharge of any function conferred on or exercisable by that authority under Regulations made under the Civil Defence Act 1948 M1.
I2318
A steam-propelled vehicle.
I2419
A tower wagon or trailer drawn thereby, provided that the only goods carried on the trailer are goods required for use in connection with the work on which the tower wagon is ordinarily used as such.
I2520
A vehicle while being used for the carriage of goods within an aerodrome within the meaning of section 105(1) of the Civil Aviation Act 1982 M2.
I2621
An electrically propelled vehicle.
I2722
A showman’s goods vehicle and any trailer drawn thereby.
I2823
A vehicle permitted to carry out cabotage in the United Kingdom under Community Council Regulation (EEC) No. 3118/93 dated 25 October 1993 M3 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State.
I2924
A goods vehicle first used before 1 January 1977 which has an unladen weight not exceeding 1525 kilograms and for which the maximum gross weight, as shown on a plate affixed to the vehicle by virtue of regulation 66 of the Motor Vehicles (Construction and Use) Regulations 1986 or any provision which that regulation replaced, exceeds 3500 kilograms but does not exceed 3556.21 kilograms (3½ tons).
I3025
A vehicle while being used by a highway authority for the purposes of section 196 the Road Traffic Act 1988 M4.
I3126
A vehicle being held ready for use in an emergency by an undertaking for the supply of water, electricity, gas or telephone services.
I3227
A recovery vehicle.
I3328
A vehicle which is being used for snow clearing, or for the distribution of grit, salt or other materials on frosted, icebound or snow-covered roads or for going to or from the place where it is to be used for the said purposes or for any other purpose directly connected with those purposes.
I3429
A vehicle proceeding to or from a station provided by the Secretary of State under section 45 of the Road Traffic Act 1988 for the purposes of an examination of that vehicle under that section provided that—
a
the only load being carried is a load required for the purposes of the examination; and
b
it is being carried at the request of the Secretary of State.
PART IIPURPOSES REFERRED TO IN PARAGRAPH 1 OF PART I OF THIS SCHEDULE
I441
Hauling—
a
threshing appliances;
b
farming implements;
c
a living van for the accommodation of persons employed to drive the tractor; or
d
supplies of water or fuel required for the tractor.
I442
Hauling articles for a farm required by the keeper, being either the occupier of the farm or a contractor employed to do agricultural work on the farm by the occupier of the farm.
I443
Hauling articles for a forestry estate required by the keeper where the keeper is the occupier of that estate or employed to do forestry work on the estate by the occupier or a contractor employed to do forestry work on the estate by the occupier.
I444
Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, agricultural or woodland produce of that farm or estate.
I445
Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, material to be spread on roads to deal with frost, ice or snow.
I446
Hauling a snow plough or a similar contrivance for the purpose of clearing snow; and
I447
Hauling—
a
soil for landscaping or similar works; or
b
a mowing machine,
where the keeper is a local authority.
SCHEDULE 4 INQUIRIES
Notification of an inquiryI351
1
The traffic commissioner shall send to every person entitled to appear in accordance with paragraph 3 of this Schedule at an inquiry written notice of the date, time and place fixed for the holding of the inquiry.
Such notice shall be sent at least 21 days before the date so fixed.
2
The traffic commissioner may vary the date, time or place for the holding of the inquiry; and when he varies the date he shall send to every person so entitled to appear at the inquiry, written notice of the date, time and place of the holding of the inquiry as varied.
Such notice shall be sent at least 21 days before the date as varied.
3
The periods referred to in sub-paragraph (1) and (2) may be abridged with the consent of every person so entitled to appear at the inquiry.
4
Where the traffic commissioner varies the time or place for the holding of an inquiry without varying the date, he shall give such notice of the variation as appears to him to be reasonable.
5
Nothing in this paragraph shall authorise the traffic commissioner to hold an inquiry before the date published in Applications and Decisions pursuant to regulation 21.
6
The foregoing provisions of this paragraph shall apply to an adjourned inquiry save that—
a
if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice of that date, time and place shall be required; and
b
sub-paragraphs (1) and (2) shall have effect in relation to an adjourned inquiry as if for “21 days" there were substituted “7 days".
Admission to an inquiryI362
1
Subject to the provisions of this paragraph, an inquiry shall be held in public.
2
The traffic commissioner may direct that the whole or any part of an inquiry be held in private if he is satisfied that by reason of—
a
the likelihood of disclosure of intimate personal or financial circumstances;
b
the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or
c
exceptional circumstances not falling within sub-paragraphs (a) or (b),
it is just and reasonable for him so to do.
3
Where the hearing is in private the traffic commissioner may admit such persons as he considers appropriate.
4
Without prejudice to sub-paragraph (2), where any question relating to the appropriate financial resources of any persons is to be or is being considered during an inquiry, the traffic commissioner may exclude such persons as he thinks fit from the part of the inquiry during which that question is considered.
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appearances at an inquiryI373
1
The following persons shall be entitled to appear at an inquiry relating to an application namely—
a
the applicant;
b
a person who has duly made an objection to the application; and
c
a person who has duly made representations in respect of the application.
2
Where a traffic commissioner holds an inquiry with a view to exercising his powers under section 26 or 30, in respect of a licence, the licence-holder shall be entitled to appear at the inquiry.
3
Without prejudice to sub-paragraph (2), where a person has requested an inquiry under section 29(1), that person shall be entitled to appear at any inquiry held at his request.
4
If, in relation to any proceedings,
a
a transport manager has been given notice under paragraph 15 of Schedule 3 to the 1995 Act that an issue in the proceedings is whether he is of good repute or professionally competent;
b
the transport manager has duly made a representation under that paragraph; and
c
the issue is to be considered at an inquiry,
the transport manager shall be entitled to appear at the inquiry.
5
Any other person may appear at an inquiry at the discretion of the traffic commissioner.
6
Any person entitled or permitted to appear at an inquiry may do so on his own behalf or be represented by counsel, solicitor or, at the discretion of the traffic commissioner, by any other person.
Inquiries relating to more than one applicationI384
Without prejudice to section 35(2), where a traffic commissioner decides that two or more applications should be the subject of an inquiry, he may hold a single inquiry in relation to those applications if it appears to him that it would be just and convenient so to do.
Procedure at inquiryI395
1
Except as otherwise provided in this Schedule, the traffic commissioner shall determine the procedure at an inquiry.
2
Subject to sub-paragraph (5), a person entitled to appear at an inquiry in accordance with paragraph 3 of this Schedule shall be entitled to give evidence, call witnesses, to cross examine witnesses and to address the traffic commissioner both on the evidence and generally on the subject matter of the proceedings.
3
The giving of evidence, the calling of witnesses, the cross examination of witnesses and the making of such addresses by other persons appearing at an inquiry shall be at the traffic commissioner’s discretion.
4
Subject to sub-paragraph (5), any person present at an inquiry may submit any written evidence or other matter in writing before the close of the inquiry.
5
Without prejudice to sub-paragraph (3), the traffic commissioner may refuse to permit—
a
the giving or calling of evidence;
b
cross examination of persons giving evidence; or
c
the presentation of any other matter,
which he considers to be irrelevant, repetitious, frivolous or vexatious.
6
The traffic commissioner may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return.
7
The traffic commissioner may proceed with an inquiry in the absence of any person entitled to appear, but if he was required to give such a person notice of the inquiry under paragraph 1 of this Schedule he shall not so proceed in the person’s absence unless—
a
he is satisfied that such notice had been duly given; or
b
he decides to proceed with the inquiry under paragraph 7 of this Schedule on the basis that no injustice would be caused to the person as a result of such notice not having been duly given to him.
8
The traffic commissioner shall not take into account any written evidence or other matter in writing received by him from any person before an inquiry opens or during any inquiry unless he discloses it at the inquiry.
9
The traffic commissioner may from time to time adjourn an inquiry.
Giving of noticesI406
1
A notice required or authorised to be sent to a person under this Schedule may be effected by—
a
delivering it to him at an address which is his proper address; or
b
sending it to him by post to an address which is his proper address; or
c
transmitting to him a facsimile copy of it by means of electronic signals.
2
A notice sent under paragraph (1) shall, for the purposes of this Schedule, be deemed to have been sent when it would have been delivered in the ordinary course of post notwithstanding that—
a
the notice was returned as undelivered or was for any reason not received; or
b
was in fact delivered or received at some other time.
3
Any such document may—
a
in the case of a body corporate, be sent to the secretary or clerk of that body;
b
in the case of a partnership, be sent to any partner;
c
in the case of an unincorporated association other than a partnership, be sent to any member of the governing body of the association.
4
For the purposes of this paragraph and section 7 of the Interpretation Act 1978, the proper address of any person is his last known address (whether of his residence or a place where he carries on business or is employed) and also any address applicable in his case under the following provisions—
a
in the case of a body corporate, its secretary or its clerk, the address of its registered or principal office in the United Kingdom;
b
in the case of an unincorporated association (other than a partnership) or member of its governing body, its principal office in the United Kingdom.
5
Where a person has in the licence-holder’s application notified the traffic commissioner of an address, or, subsequently notified a new address under regulation 25, at which documents may be given to him for the purposes of correspondence that address shall also be his proper address for service for the purposes mentioned in sub-paragraph (3) or, as the case may be, his proper address for those purposes in substitution for that previously notified.
Irregularities in the giving of noticesI417
Where a notice of the date, time and place fixed for the holding of an inquiry is not given in accordance with this Schedule, the traffic commissioner may nevertheless proceed with the inquiry as if notice had been duly given provided he is satisfied that no injustice or inconvenience would be caused.
InterpretationI428
In this Schedule “inquiry" means an inquiry held for the purposes of the Goods Vehicles (Licensing of Operators) Act 1995.
I43SCHEDULE 5 LIST OF REGULATIONS REVOKED
Year and Number | Title |
|---|---|
1984/176 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regula tions 1984 |
1986/666 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amend ment) Regulations 1986 |
1986/1391 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1986 |
1987/841 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amend ment) Regulations 1987 |
1987/2170 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1987 |
1988/2128 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1988 |
1990/1849 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1990 |
1990/2640 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1990 |
1991/1969 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1991 |
1991/2239 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1991 |
1992/2319 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1992 |
1993/301 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amend ment) Regulations 1993 |
1994/1209 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1994 |
1995/1488 | The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1995 |
Sch. 5 in force at 1.1.1996, see reg. 1