The Goods Vehicles (Licensing of Operators) Regulations 1995

Regulation 7(2)

SCHEDULE 1 E+W+S NOTICE OF APPLICATION FOR A LICENCE OR A VARIATION OF A LICENCE

1.  Information to be given in Notice of Application— E+W+S

(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.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.1.1996, see reg. 1

2.  Every notice shall contain the following wording: E+W+S

“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 [F1 [specify the address]] 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 [F1 [specify the address]].”

Textual Amendments

F1 Words in Sch. 1 para. 2 substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I2 Sch. 1 para. 2 in force at 1.1.1996, see reg. 1

Regulation 30(3)

SCHEDULE 2 E+W+S MODIFICATIONS IN RELATION TO HOLDING COMPANIES AND SUB SIDIARIES

1.  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. E+W+S

Commencement Information

I3 Sch. 2 para. 1 in force at 1.1.1996, see reg. 1

2.  The 1995 Act has effect as if— E+W+S

(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 [F2 establishment and any] operating centre of the subsidiary were an [F2 establishment or] 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) [F3 A traffic commissioner] may publish in the prescribed manner notice of any application [F3 which is received] 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), [F4 a 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, [F4 a 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.".

Textual Amendments

F2 Words in Sch. 2 para. 2(e) inserted (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 9

F3 Words in Sch. 2 para. 2(h) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

F4 Words in Sch. 2 para. 2(j) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I4 Sch. 2 para. 2 in force at 1.1.1996, see reg. 1

3.  These Regulations shall have effect as if— E+W+S

(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.

Commencement Information

I5 Sch. 2 para. 3 in force at 1.1.1996, see reg. 1

Regulation 33

SCHEDULE 3 E+W+S CLASSES OF VEHICLES FOR WHICH A LICENCE IS NOT REQUIRED

PART I E+W+S

1.  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. E+W+S

Commencement Information

I6 Sch. 3 Pt. I para. 1 in force at 1.1.1996, see reg. 1

2.  A dual-purpose vehicle and any trailer drawn by it. E+W+S

Commencement Information

I7 Sch. 3 Pt. I para. 2 in force at 1.1.1996, see reg. 1

3.  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. E+W+S

Commencement Information

I8 Sch. 3 Pt. I para. 3 in force at 1.1.1996, see reg. 1

4.  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. E+W+S

Commencement Information

I9 Sch. 3 Pt. I para. 4 in force at 1.1.1996, see reg. 1

5.  A vehicle which is being used for funerals. E+W+S

Commencement Information

I10 Sch. 3 Pt. I para. 5 in force at 1.1.1996, see reg. 1

6.  A vehicle which is being used for police, [F5 Scottish Fire and Rescue Service] [F6 or, in England or Wales, fire and rescue authority] or ambulance [F7 or Serious Organised Crime Agency] purposes. E+W+S

Textual Amendments

F5 Words in Sch. 3 Pt. 1 para. 6 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 73

F6 Words in Sch. 3 Pt. 1 para. 6 inserted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 35 and words in Sch. 3 para. 6 inserted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 35

F7 Words in Sch. 3 pt. 1 para. 6 inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 12

Commencement Information

I11 Sch. 3 Pt. I para. 6 in force at 1.1.1996, see reg. 1

7.  A vehicle which is being used for fire-fighting or rescue operations at mines. E+W+S

Commencement Information

I12 Sch. 3 Pt. I para. 7 in force at 1.1.1996, see reg. 1

8.  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. E+W+S

Commencement Information

I13 Sch. 3 Pt. I para. 8 in force at 1.1.1996, see reg. 1

9.  A vehicle which is being used under a trade licence. E+W+S

Commencement Information

I14 Sch. 3 Pt. I para. 9 in force at 1.1.1996, see reg. 1

10.  A vehicle in the service of a visiting force or of a headquarters [F8 within the meaning of article 8(9) of the Visiting Forces and International Headquarters (Application of Law) Order 1999]. E+W+S

Textual Amendments

F8 Words in Sch. 3 Pt. 1 para. 10 inserted (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 10

Commencement Information

I15 Sch. 3 Pt. I para. 10 in force at 1.1.1996, see reg. 1

11.  A vehicle used by or under the control of Her Majesty’s United Kingdom forces. E+W+S

Commencement Information

I16 Sch. 3 Pt. I para. 11 in force at 1.1.1996, see reg. 1

12.  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. E+W+S

Commencement Information

I17 Sch. 3 Pt. I para. 12 in force at 1.1.1996, see reg. 1

13.  A road roller and any trailer drawn by it. E+W+S

Commencement Information

I18 Sch. 3 Pt. I para. 13 in force at 1.1.1996, see reg. 1

14.  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. E+W+S

Commencement Information

I19 Sch. 3 Pt. I para. 14 in force at 1.1.1996, see reg. 1

15.  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— E+W+S

[F9 (a) water, fuel, accumulators and other equipment used for the purpose of propulsion or the running of the vehicle, loose tools and loose equipment;]

(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.

Textual Amendments

F9 Sch. 3 Pt. 1 para. 15(a) substituted (1.9.2018) by The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/25), regs. 1, 2(4)(a)

Commencement Information

I20 Sch. 3 Pt. I para. 15 in force at 1.1.1996, see reg. 1

16.  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. E+W+S

Commencement Information

I21 Sch. 3 Pt. I para. 16 in force at 1.1.1996, see reg. 1

17.  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 . E+W+S

Commencement Information

I22 Sch. 3 Pt. I para. 17 in force at 1.1.1996, see reg. 1

Marginal Citations

M1 1948 c.5, (12, 13 & 14 Geo. 6).

18.  A steam-propelled vehicle. E+W+S

Commencement Information

I23 Sch. 3 Pt. I para. 18 in force at 1.1.1996, see reg. 1

19.  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. E+W+S

Commencement Information

I24 Sch. 3 Pt. I para. 19 in force at 1.1.1996, see reg. 1

20.  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 . E+W+S

Commencement Information

I25 Sch. 3 Pt. I para. 20 in force at 1.1.1996, see reg. 1

Marginal Citations

M2 1982 c.16.

21.  An electrically propelled vehicle [F10 first registered before 1st March 2015]. E+W+S

Textual Amendments

F10 Words in Sch. 3 Pt. 1 para. 21 inserted (1.9.2018) by The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/25), regs. 1, 2(4)(b)

Commencement Information

I26 Sch. 3 Pt. I para. 21 in force at 1.1.1996, see reg. 1

22.  A showman’s goods vehicle and any trailer drawn thereby. E+W+S

Commencement Information

I27 Sch. 3 Pt. I para. 22 in force at 1.1.1996, see reg. 1

[F11 22A.   A goods vehicle used for international haulage by a haulier established in a member State who holds a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time.] E+W+S

Textual Amendments

F11 Sch. 3 Pt. 1 para. 22A inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[F12 23.   A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Regulation (EC) No.1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.] E+W+S

Textual Amendments

F12 Sch. 3 Pt. 1 para. 23 substituted (4.12.2011) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010 (S.I. 2010/455), regs. 1(1)(c), 2(5)

[F13 23A.— (1) A vehicle which is being used in Great Britain to carry out a cabotage operation— E+W+S

(a) which consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a [F14 EU driver attestation];

(b) where the vehicle is being used only for the carriage of vehicles in categories M₁ and N₁, as defined in [F15 Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles]; and

(c) the vehicle is being used at any time during a period beginning with—

(i) 22nd February and ending with 31st March; or

(ii) 25th August and ending with 30th September.

(2) In this paragraph “Community licence” and “[F16 EU driver attestation]” have the same meanings as in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.”]

Textual Amendments

F13 Sch. 3 Pt. 1 para. 23A inserted (15.8.2013) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2013 (S.I. 2013/1750), regs. 1, 2(2)

F14 Words in Sch. 3 Pt. 1 para. 23A(1)(a) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Sch. 3 Pt. 1 para. 23A(1)(b) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 10(2) (with Sch. 4 paras. 16, 17)

F16 Words in Sch. 3 Pt. 1 para. 23A(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

24.  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). E+W+S

Commencement Information

I28 Sch. 3 Pt. I para. 24 in force at 1.1.1996, see reg. 1

25.  A vehicle while being used by a highway authority for the purposes of section 196 the Road Traffic Act 1988 M3 . E+W+S

Commencement Information

I29 Sch. 3 Pt. I para. 25 in force at 1.1.1996, see reg. 1

Marginal Citations

M3 1988 c.52; to which there are amendments not relevant to this provision.

26.  A vehicle being held ready for use in an emergency by an undertaking for the supply of water, electricity, gas or telephone services. E+W+S

Commencement Information

I30 Sch. 3 Pt. I para. 26 in force at 1.1.1996, see reg. 1

27.  A recovery vehicle. E+W+S

Commencement Information

I31 Sch. 3 Pt. I para. 27 in force at 1.1.1996, see reg. 1

28.  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. E+W+S

Commencement Information

I32 Sch. 3 Pt. I para. 28 in force at 1.1.1996, see reg. 1

29.  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— E+W+S

(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.

Commencement Information

I33 Sch. 3 Pt. I para. 29 in force at 1.1.1996, see reg. 1

[F17 30.   A vehicle in a category or sub-category listed in column 1 of Table 2 in regulation 37 of the Motor Vehicles (Driving Licences) Regulations 1999, provided that— E+W+S

(a) no goods are being carried on the vehicle or trailer other than any that may be carried on the vehicle for the purposes of a practical test of driving skills and behaviour, as prescribed in that regulation 37;

(b) any goods that are being carried on the vehicle or trailer are being carried only for the purposes of driver instruction and not otherwise—

(i) for hire or reward, or

(ii) for or in connection with any trade or business; and

(c) the vehicle is—

(i) being used for the instruction of a driver who has not passed a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988;

(ii) proceeding to or from a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988 or being used in such a test; or

(iii) being used in the course of—

(aa) a driving lesson for the purpose of enabling a person to obtain a CPC within the meaning of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

(bb) periodic training as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; or

(cc) an initial CPC test as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; ]

Textual Amendments

F17 Sch. 3 Pt. 1 para. 30 inserted (15.8.2013) by The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 (S.I. 2013/1753), regs. 1(1), 4

[F18 31.   A vehicle— E+W+S

(a) fuelled entirely by alternative fuel,

(b) with a permissible laden mass not exceeding 4.25 tonnes,

(c) currently used in Great Britain for the carriage of goods, and

(d) which has not been so used outside Great Britain.]

Textual Amendments

F18 Sch. 3 Pt. 1 para. 31 inserted (1.9.2018) by The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/25), regs. 1, 2(4)(c)

PART II E+W+S PURPOSES REFERRED TO IN PARAGRAPH 1 OF PART I OF THIS SCHEDULE

1.  Hauling— E+W+S

(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.

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

2.  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. E+W+S

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

3.  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. E+W+S

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

4.  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. E+W+S

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

5.  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. E+W+S

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

6.  Hauling a snow plough or a similar contrivance for the purpose of clearing snow; and E+W+S

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

7.  Hauling— E+W+S

(a) soil for landscaping or similar works; or

(b) a mowing machine,

where the keeper is a local authority.

Commencement Information

I34 Sch. 3 Pt. 2 in force at 1.1.1996, see reg. 1

Regulation 20

SCHEDULE 4 E+W+S INQUIRIES

Modifications etc. (not altering text)

C1 Sch. 4 excluded by London Olympic Games and Paralympic Games Act 2006 (c. 12), s. 16E(4) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9(4), 10(1))

Notification of an inquiry E+W+S

1.—(1)  [F19 A 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) [F19 A 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 [F20 a 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 [F20 a 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".

Textual Amendments

F19 Words in Sch. 4 para. 1(1)(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

F20 Words in Sch. 4 para. 1(4)(5) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I35 Sch. 4 para. 1 in force at 1.1.1996, see reg. 1

Admission to an inquiry E+W+S

2.—(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.

F21 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 4 para. 2(5) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 54 (with Sch. 5)

Commencement Information

I36 Sch. 4 para. 2 in force at 1.1.1996, see reg. 1

Appearances at an inquiry E+W+S

3.—(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.

Commencement Information

I37 Sch. 4 para. 3 in force at 1.1.1996, see reg. 1

Inquiries relating to more than one application E+W+S

4.  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.

Commencement Information

I38 Sch. 4 para. 4 in force at 1.1.1996, see reg. 1

Procedure at inquiry E+W+S

5.—(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 [F22 notice of the inquiry was required to be given to such a person 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.

Textual Amendments

F22 Words in Sch. 4 para. 5(7) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I39 Sch. 4 para. 5 in force at 1.1.1996, see reg. 1

Giving of notices E+W+S

6.—(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 [F23 a 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.

Textual Amendments

F23 Words in Sch. 4 para. 6(5) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I40 Sch. 4 para. 6 in force at 1.1.1996, see reg. 1

Irregularities in the giving of notices E+W+S

7.  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.

Commencement Information

I41 Sch. 4 para. 7 in force at 1.1.1996, see reg. 1

Interpretation E+W+S

8.  In this Schedule [F24 —

• “inquiry” means an inquiry held for the purposes of the Goods Vehicles (Licensing of Operators) Act 1995; and

• “the traffic commissioner” means the traffic commissioner holding an inquiry].

Textual Amendments

F24 Words in Sch. 4 para. 8 substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I42 Sch. 4 para. 8 in force at 1.1.1996, see reg. 1

Regulation 2

SCHEDULE 5 E+W+S LIST OF REGULATIONS REVOKED

Commencement Information

I43 Sch. 5 in force at 1.1.1996, see reg. 1

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