The Transport Act 2000 (Commencement No. 9 and Transitional Provisions) Order 2002

Citation and interpretation

1.—(1) This Order may be cited as the Transport Act 2000 (Commencement No. 9 and Transitional Provisions) Order 2002.

(2) In this Order—

“1981 Act” means the Public Passenger Vehicles Act 1981(1);

“1985 Act” means the Transport Act 1985(2);

“2000 Act” means the Transport Act 2000.

Provisions coming into force on 1st May 2002

2.—(1) The provisions of the 2000 Act set out in Part 1 of the Schedule hereto shall come into force on 1st May 2002 as respects England.

(2) The provisions of the 2000 Act set out in Part 2 of the Schedule hereto shall come into force on 1st May 2002.

Transitional provisions: penalties for unreliable bus services, etc

3.—(1) Where, following an inquiry under section 54(3) of the 1981 Act (inquiries held by traffic commissioners), a traffic commissioner makes a determination after 30th April 2002 in respect of relevant breaches occurring wholly before 1st May 2002, section 111 of the 1985 Act(4) shall continue to apply (and section 155 of the 2000 Act shall not apply) but as if in subsection (2) for “the day on which the determination under subsection (1) above is made” there were substituted “30th April 2002”.

(2) Where, following an inquiry under section 54 of the 1981 Act, a traffic commissioner makes a decision after 30th April 2002 to impose a penalty under section 155 of the 2000 Act in respect of relevant breaches occurring both before 1st May 2002 and on or after that date, the penalty shall not exceed the maximum amount which would have been due from the operator under section 111 of the 1985 Act if the decision in respect of that inquiry had been made on 30th April 2002.

(3) In this article, a reference to a relevant breach is a reference to an operator of a local service, without reasonable excuse—

(a) failing to operate a local service registered under section 6 of the 1985 Act,

(b) operating such a service in contravention of that section or section 118(4), 129(1)(b) of the 2000 Act, or

(c) failing to comply with section 138 or 140(3) of the 2000 Act.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Sally Keeble

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

9th April 2002