The Public Service Vehicles (Operators' Licences) Regulations 1995

Regulation 21

SCHEDULE RELEVANT CONVICTIONS PRESCRIBED BY REGULATION 21

1.  A conviction of any of the offences specified in paragraph 2 below—

(a) of the holder of a licence, or the applicant for a licence;

(b) where the holder of a licence, or the applicant for a licence, is a partnership, of a partner in that partnership;

(c) of any transport manager whom the holder of a licence employs or proposes to employ, and of any transport manager whom an applicant for a licence employs or proposes to employ; and

(d) of any person appointed or otherwise engaged as an officer, employee or agent of the holder of, or of an applicant for, a licence in relation to any business which such holder or applicant carries on, or proposes to carry on.

2.  The offences referred to in paragraph 1 above are offences in relation to a public service vehicle or the operation thereof—

(a) under or by virtue of the 1981 Act;

(b) under sections 5(1), 8(1), 11, 13, 16(1), 17(4) and 18(3) of the Road Traffic Regulation Act 1984(1);

(c) under section 1(2) of the Sporting Events (Control of Alcohol etc.) Act 1985(2);

(d) under or by virtue of Parts I and II and Section 101 of the 1985 Act;

(e) under or by virtue of Parts I, II, III, IV and VI and sections 164(6) and (9), 165(3) and (6), 168, 170(7), 171(2), 172(3) and (4), 173(1), 174(1) and (2) and (5) in Part VII of the Road Traffic Act 1988(3);

(f) under section 91 of the Road Traffic Offenders Act 1988(4);

(g) relating to—

(i) the speed at which vehicles may be driven,

(ii) drivers' hours or the keeping of drivers' records under or by virtue of Part VI of the Transport Act 1968(5),

(iii) new bus grants under section 32 of, and Schedule 8 to, the Transport Act 1968, grants towards bus fuel duty under section 92 of the Finance Act 1965(6),

(iv) a duty of excise imposed by or under the Vehicles (Excise) Act 1971(7) or the Vehicles Excise and Registration Act 1994, and

(h) under section 92 of the Licensing (Scotland) Act 1976(8) and section 70 of the Criminal Justice (Scotland) Act 1980(9);

or other offences under the law in force in any part of Great Britain which are serious offences as defined in paragraph 1(4) of Schedule 3 or road transport offences as defined in paragraph 1(5) of that Schedule.

(1)

1984 c. 27; sections 5, 8, 16, 17 and 18 were amended by the New Roads and Street Works Act 1991 (c. 22), schedule 8 paragraphs 20,22, 27, 28 and 30; section 11 was amended by the Road Traffic Act 1991 (c. 40) (“the 1991 Act”), section 65.

(2)

1985 c. 57.

(3)

1988 c. 52; sections 3A, 13A, 40A, 41B, 69A, 72A, 89A and 94A were inserted by Part I of the 1991 Act which also amended sections 4, 7, 11-15, 22, 28-30, 42, 45, 46, 48-51, 61, 67-76, 79, 84, 85, 87, 89, 92, 94, 97, 98, 103, 105, 115, 117, 144, 151, 152, 165, 168, 170 and 173; section 47 is amended by the Finance Act 1994 (c. 10), section 5 and Schedule 2; sections 57, 65, 66 were amended by S.I. 1992/3107; Part IV was substituted by, and sections 87-89, 92-94, 97-99, 105, 108, 165 and 173 were amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); sections 93, 97-99, 105, 108, 109 and 164 were amended by S.I. 1990/144; sections 144 and 161 were amended by the National Health and Community Care Act 1990 (c. 19) section 145 was amended by S.I. 1992/3036 and sections 157 by S.I. 1993/2474.

(4)

1988 c. 53.

(5)

1968 c. 73; section 96(11A) was inserted by, and sections 98 and 99 were amended by the European Communities Act 1972 (c. 68) section 4 and Schedule 4; section 96 was amended by the Transport Act 1978 (c. 55), section 10; section 32 was amended by the Transport Act 1980 (c. 34), section 62(2); sections 96, 98, 99 and 103 were amended by the Transport Act 1985 (c. 67), section 3(5) and Schedule 2; sections 98, 99, 101 and 103 were amended by the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3), section 2; sections 97A and B were inserted and sections 97, 98, 99 and 103 were amended by S.I. 1979/1746; section 103 was amended by S.I. 1981/1373; section 97 was amended by S.I. 1984/144; sections 96, 97, 97A and B, 99 and 103 were amended by S.I. 1986/1457; sections 95 and 103 were amended by S.I. 1986/1458; section 97 was amended by S.I. 1989/2121, S.I. 1991/381 and S.I. 1994/1838; section 97AA was inserted by S.I. 1989/2121; sections 96, 97A, 98 and 99 were amended by the Criminal Justice Act 1982 (c. 48), sections 36-39 and 46; section 99 was amended by the Magistrates' Courts Act 1980 (c. 43), section 32(2) and by the 1991 Act, section 48 and Schedule 4; section 102A is inserted and 102 amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3; and Schedule 8 is amended by the Magistrates' Courts Act 1980, section 2, the Criminal Justice Act 1982 sections 35, 38 and 46 and the Prosecution of Offenders Act 1985 (c. 23) section 31(6) and Schedule 2.

(6)

1965 c. 25; section 92 was amended by section 110 of the Transport Act 1985.

(7)

1971 c. 10; which was revoked by the Vehicle Excise and Registration Act 1994, section 65 and Schedule 5.

(8)

1976 c. 66.

(9)

1980 c. 62.