Goods Vehicles (Licensing of Operators) Act 1995
A traffic commissioner shall exercise the functions conferred on him by this Act.
In the exercise of his functions under this Act a traffic commissioner shall act under the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner.
Subject to subsection (2) and sections 3A and 4, no person shall use a goods vehicle on a road for the carriage of goods— except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator’s licence”.
for hire or reward, or
for or in connection with any trade or business carried on by him,
Subsection (1) does not apply to—
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the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain; or
the use of a vehicle of any class specified in regulations.
Subsection (1) applies in spite of Article 1.4(c) of the 2009 Regulation (exemption for slow vehicles unless otherwise provided in national law).
In subsection (2)(c) and (2A), “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.
Subsection (1)(a) does not apply to the use of a small goods vehicle falling within paragraph 1A or 1B of Schedule 1.
It is hereby declared that, for the purposes of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.
Subsection (1)(b) does not apply to the use of a small goods vehicle falling within any of paragraphs 2, 3 or 4 of Schedule 1.
A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a haulier established in a member State.
An operator’s licence may be either a standard licence or a restricted licence.
A standard licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods—
for hire or reward, or
for or in connection with any trade or business carried on by the holder of the licence.
A restricted licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.
Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—
a subsidiary of the first company,
a holding company for the first company, or
a subsidiary of a company which is a holding company both for that subsidiary and for the first company.
A standard licence may authorise a goods vehicle to be used for the carriage of goods—
on both national and international transport operations; or
on national transport operations only.
Except as provided in subsection (4) and subject to sections 3A and 4, a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding £500.
A person who uses a goods vehicle for carrying goods for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding £500.
Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect.
A traffic commissioner may, for the purpose of— by notice in writing grant to any person falling within subsection (2) a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed on him by sections 2 and 3 in respect of any vehicle specified in the notice or any vehicle of a class so specified.
enabling an emergency to be dealt with, or
enabling some other special need to be met,
A person falls within this subsection if he is engaged exclusively in national transport operations which have only a minor impact on the transport market because of the nature of the goods carried or the short distances over which goods are carried.
Where the traffic commissioner considers it appropriate (for example because an exemption is to be granted to all persons falling within subsection (2)), an exemption under subsection (1) may be granted by publishing a notice in writing instead of by giving notice in writing to the persons to whom the exemption is granted.
A temporary exemption granted under subsection (1) permits the person to whom it is granted to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for hire or reward for the purposes of transport operations of his such as are referred to in subsection (2) (and, accordingly, sections 2(1) and 3(6) shall not to that extent apply to that person’s use of goods vehicles).
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Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that an operator’s licence could be required.
The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 2(1).
In this section “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
The Secretary of State may grant an international operator a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed by sections 2 and 3, for the purpose of—
enabling an emergency to be dealt with, or
enabling some other special need to be met.
A temporary exemption under subsection (1) may be granted—
by giving a notice in writing to the operator to whom it relates, or
by publishing a notice specifying the class of operators to whom it relates.
A notice under subsection (2) must specify—
the vehicle or class of vehicles to which it relates;
the transport operations to which it relates, or that it relates to all transport operations.
A temporary exemption under subsection (1) permits the person to whom it relates to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for the purposes of the transport operations to which it relates.
Accordingly, sections 2(1) and 3(6) do not to that extent apply to that person’s use of goods vehicles.
In this section “international operator” means a person who has an effective and stable establishment in a country or territory other than the United Kingdom that is comparable to an effective and stable establishment in Great Britain (as determined in accordance with paragraph A1 of Schedule 3).
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Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—
any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and
any trailer in the lawful possession of the licence-holder.
An operator’s licence may provide—
that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;
that no trailers are authorised to be used under the licence; or
that no motor vehicle that is not specified in the licence is authorised to be used under it.
In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.
An operator’s licence shall not authorise the use of any heavy goods vehicle unless the place which is for the time being its operating centre—
is in a traffic area in respect of which the licence was issued; or
is outside that area but has not been the operating centre of that vehicle for a period of more than three months.
For the purposes of subsection (4)(b), two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.
A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) after the period of one month beginning with— unless, during that period, the licence-holder has given to a traffic commissioner a notice in such form and containing such information about the vehicle as is required by a traffic commissioner , and has paid the prescribed fee (if any) to a traffic commissioner .
the day on which the vehicle was first in the lawful possession of the licence-holder, or
has paid the prescribed fee (if any) to a traffic commissioner.
Where notice of a vehicle has been duly given and the prescribed fee (if any) has been duly paid under subsection (6), a traffic commissioner shall vary the licence by directing that the vehicle be specified in it.
A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.
Where it comes to the knowledge of a traffic commissioner that a vehicle specified in an operator’s licence (“the first licence”) — he may vary the first licence by directing that the vehicle be removed from it.
has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or
is specified in another operator’s licence,
An operator’s licence—
shall specify a maximum number for motor vehicles, and
may specify a maximum number for motor vehicles whose relevant weight exceeds a weight specified in the licence.
An operator’s licence that does not contain a provision such as is mentioned in section 5(2)(b)—
shall specify a maximum number for trailers, and
may specify a maximum number for trailers whose relevant weight exceeds a weight specified in the licence.
The number of motor vehicles which at any one time are being used under an operator’s licence while not specified in that licence may not exceed the maximum number specified in the licence under subsection (1)(a) less however many motor vehicles are specified in the licence.
Where, under subsection (1)(b), an operator’s licence specifies a maximum number for motor vehicles whose relevant weight exceeds a specified weight—
the number of such motor vehicles which at any one time are being used under the licence while not specified in it may not exceed that maximum number less however many motor vehicles whose relevant weight exceeds the specified weight are specified in the licence, and
the number of such motor vehicles that are specified in the licence and are being used under it at any one time may not exceed that maximum number.
The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a).
Where, under subsection (2)(b), an operator’s licence specifies a maximum number for trailers whose relevant weight exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.
The definition of “relevant weight” in section 5(3) applies for the purposes of this section as it applies for the purposes of section 5(2).
If subsection (3), (4)(a) or (b), (5) or (6) is contravened, the licence-holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A person may not use a place in a traffic area as an operating centre for heavy goods vehicles authorised to be used under a heavy goods vehicle licence issued to him in respect of that traffic area unless that place is specified as an operating centre of his in that licence.
Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this Act “operating centre”, in relation to any heavy goods vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of a heavy goods vehicle licence are references to any place which is an operating centre for heavy goods vehicles used under that licence.
A person who requires an operator’s licence must apply to a traffic commissioner.
Accordingly, a person may hold separate operators’ licences in respect of different areas; but he shall not at any time hold more than one such licence in respect of the same area.
A separate application must be made in relation to each traffic area in which there is—
if the application is for a heavy goods vehicle licence, a place to be specified in the licence as an operating centre for the purposes of sections 7(1) and 13C(5); or
if the application is for a light goods vehicle licence, located premises of the kind described in paragraph A1(2)(a) of Schedule 3.
A person applying for an operator’s licence shall give to the traffic commissioner a statement—
containing such particulars as the commissioner may require of the motor vehicles proposed to be used under the licence and stating the number and type of any trailers proposed to be used under the licence; and
in the case of an application for a heavy goods vehicle licence, containing such particulars as the commissioner may require of each place in the traffic area concerned which will be an operating centre of the applicant if the licence is issued.
A person applying for an operator’s licence shall also give to the traffic commissioner any further information which the commissioner may reasonably require for the discharge of his duties in relation to the application, and in particular shall, if required by the commissioner to do so, give to him any of the information specified in paragraph 1 of Schedule 2.
Without prejudice to subsection (4), a person applying for an operator’s licence shall also, if required by the traffic commissioner to do so, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for vehicles used under the licence, of any place referred to in the statement under subsection (3)(b).
Any statement, information or particulars to be given to the traffic commissioner under this section shall be given in such form as the commissioner may require.
In subsections (3) to (6), “the traffic commissioner” means the traffic commissioner dealing with the application in question.
A person who has made an application for an operator’s licence shall forthwith notify the traffic commissioner dealing with the application if, in the interval between the making of the application and the date on which it is disposed of, there occurs a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule.
A person who— shall forthwith notify the traffic commissioner dealing with the application if, in the interval between the making of the application and the date on which it is disposed of, there occurs any event affecting any information about the transport manager given to the commissioner under section 8.
has made an application for a standard licence, and
has included in that application particulars of a transport manager,
A person is guilty of an offence if he— and a person who is guilty of an offence under paragraph (a) or (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
knowingly fails to comply with subsection (1), or
knowingly fails to comply with subsection (2) in a case where the event which occurs as mentioned in that subsection is the conviction of the transport manager of an offence such as is mentioned in paragraph 5 of Schedule 2 or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence;
For the purposes of this section an application shall be taken to be disposed of—
in a case where a traffic commissioner is required, by virtue of regulations under section 57(2)(a), to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and
in any other case, on the date on which the applicant receives notice from a traffic commissioner of his decision on the application.
A traffic commissioner shall publish in the prescribed manner notice of any application for an operator’s licence which is received .
The notice shall state— any objection to, or representations against, the grant of the application is or are to be made under section 12 (that is to say, the time and manner prescribed under subsection (6) or, as the case may be, (7) of that section).
the time within which, and
the manner in which,
Subject to subsection (3), a traffic commissioner who is dealing with an application for a heavy goods vehicle licence shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application.
This subsection has been complied with in respect of a locality affected by an application for a heavy goods vehicle licence if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.
A traffic commissioner is not required by this section to refuse an application for a heavy goods vehicle licence if—
he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and
he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.
For the purposes of this section a locality is affected by an application for a heavy goods vehicle licence if it contains any place in the traffic area concerned that will be an operating centre of the licence-holder if the application is granted.
Any of the persons mentioned in subsection (2) may make an objection to the grant of an application for an operator’s licence on the ground—
that any of the requirements of sections 13A to 13D are not satisfied in the case of the application; or
in the case of a heavy goods vehicle licence, that any place in the traffic area concerned which, if the licence is issued, will be an operating centre of the holder of the licence will be unsuitable on environmental grounds for use as such.
The persons who may make such an objection are—
a prescribed trade union or association;
a chief officer of police;
a local authority; and
a planning authority.
The trade unions and associations which may be prescribed for the purposes of subsection (2)(a) are trade unions or associations whose membership consists of or includes—
persons holding operators’ licences, or
employees of any such persons.
Where an application for a heavy goods vehicle licence is made, any person who is the owner or occupier of land in the vicinity of any place in the traffic area concerned which, if the licence is issued, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as such.
A person may not make representations under subsection (4) unless any adverse effects on environmental conditions arising from the use of the place in question as an operating centre of the holder of the licence would be capable of prejudicially affecting the use or enjoyment of the land mentioned in that subsection.
Any objection under subsection (1)(a) shall be made—
within the prescribed time; and
in the prescribed manner.
Any objection under subsection (1)(b) or representations under subsection (4) shall be made—
within the prescribed time after the making of the application to which they relate; and
in the prescribed manner.
Where a traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.
Any objection under subsection (1) shall contain—
in the case of an objection under paragraph (a), particulars of the ground on which it is made, and
in the case of an objection under paragraph (b), particulars of any matters alleged by the person making the objection to be relevant to the issue to which it relates.
Any representations under subsection (4) shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate.
In subsection (1) the reference to “the requirements of sections 13A to 13D” is a reference—
in the case of an application for a standard licence, to the requirements of sections 13A, 13C and 13D; and
in the case of an application for a restricted licence, to the requirements of sections 13B, 13C and 13D.
In this section— ....
in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984;
in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning Act 1990 (general planning control); and
as respects Wales, the council of a county or county borough; and
“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;
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“traffic area” means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981;
as respects England, the council of a county, district or London borough and the Common Council of the City of London;
“international transport operations” and “national transport operations” have the same meaning as in the 1974 Council Directive;
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978;
where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; and
as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
Subject to sections 11 and 45(2), on an application for a standard licence a traffic commissioner shall consider—
whether the requirements of subsections (3) and (5) are satisfied, and
if he thinks fit, whether the requirements of subsection (6) are satisfied.
On an application for a standard licence a traffic commissioner must consider—
whether the requirements of sections 13A and 13C are satisfied, and
if the commissioner thinks fit, whether the requirement of section 13D is satisfied.
Subject to sections 11 and 45(2), on an application for a restricted licence a traffic commissioner shall consider—
whether the requirements of subsections (4) and (5) are satisfied, and
if he thinks fit, whether the requirements of subsection (6) are satisfied.
On an application for a restricted licence a traffic commissioner must consider—
whether the requirements of sections 13B and 13C are satisfied, and
if the commissioner thinks fit, whether the requirement of section 13D is satisfied.
For the requirements of this subsection to be satisfied the traffic commissioner must be satisfied that the applicant fulfils the following requirements, namely— and the traffic commissioner shall determine whether or not that is the case in accordance with Schedule 3.
that he is of good repute,
that he is of the appropriate financial standing, and
that he is professionally competent;
Subsections (1) and (2) are subject to section 11 (publication of application), if applicable, and section 45(2) (payment of application fee).
For the requirements of this subsection to be satisfied the applicant must not be unfit to hold an operator’s licence by reason of—
any activities or convictions of which particulars may be required to be given under section 8(4) by virtue of paragraph 1(e) or (f) of Schedule 2, or
any conviction required to be notified in accordance with section 9(1).
In considering whether any of the requirements of sections 13A to 13D are satisfied, the traffic commissioner must have regard to any objection duly made under section 12(1)(a) in respect of the application.
For the requirements of this subsection to be satisfied it must be possible (taking into account the traffic commissioner’s powers under section 15(3) to issue a licence in terms that differ from those applied for) to issue a licence on the application in relation to which paragraphs (a) to (e) will apply—
there are satisfactory arrangements for securing that— are complied with in the case of the vehicles used under the licence;
Part VI of the Transport Act 1968 (drivers' hours), and
the applicable Community rules, within the meaning of that Part,
there are satisfactory arrangements for securing that the vehicles used under the licence are not overloaded;
there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;
at least one place in the traffic commissioner’s area is specified in the licence as an operating centre of the licence-holder, and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);
the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.
If the traffic commissioner determines that any of the requirements that the commissioner has taken into consideration in accordance with subsection (1) or (2) are not satisfied, the commissioner must refuse the application.
For the requirements of this subsection to be satisfied the provision of such facilities and arrangements as are mentioned in subsection (5)(c) must not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.
In any other case the commissioner must grant the application, unless either of the following provisions applies—
section 14(2) (power to refuse application on environmental grounds);
section 45(2) (power to refuse to proceed until fee is paid).
In considering whether any of the requirements of subsections (3) to (6) are satisfied, the traffic commissioner shall have regard to any objection duly made under section 12(1)(a) in respect of the application.
In considering whether the requirements of subsection (5) are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.
In considering whether subsection (5)(d) will apply in relation to a licence, the traffic commissioner may take into account any conditions that could be attached to the licence under section 21, and may assume that any conditions so attached will not be contravened.
In considering whether subsection (5)(d) or (e) will apply in relation to a licence, the traffic commissioner may take into account (if that is the case) that any proposed operating centre of the applicant would be used—
as an operating centre of the holders of other operators' licences as well as of the applicant; or
by the applicant or by other persons for purposes other than keeping vehicles used under the licence.
If the traffic commissioner determines that any of the requirements that he has taken into consideration in accordance with subsection (1) or (2) are not satisfied he shall refuse the application, but in any other case he shall, subject to sections 14 and 45(2), grant the application.
This section applies to any application for a heavy goods vehicle licence in respect of which—
any objection is duly made under section 12(1)(b), or
any representations are duly made under section 12(4).
A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place in the traffic area concerned which, if the licence were issued, would be an operating centre of the holder of the licence—
the parking of heavy goods vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or
the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds.
A traffic commissioner may not refuse an application for a heavy goods vehicle licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if—
on the date the application was made, that place was already specified in a heavy goods vehicle licence ... as an operating centre of the holder of that licence, or
the applicant has produced to a traffic commissioner a certificate in force in respect of that place under— stating that its use as an operating centre for heavy goods vehicles used under any heavy goods vehicle licence is or would be lawful.
section 191 or 192 of the Town and Country Planning Act 1990, or
section 150 or 151 of the Town and Country Planning (Scotland) Act 1997;
Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in a heavy goods vehicle licence as an operating centre of the holder of that licence.
A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in a heavy goods vehicle licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—
the heavy goods vehicle licence in which that place was specified was an interim licence issued under section 24; or
that place was so specified by virtue of an interim direction such as is mentioned in section 25; or
such conditions relating to— as may be prescribed were not satisfied in relation to that place.
the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or
the review under section 36 of any decision so to specify a place,
Where in the case of any application for a heavy goods vehicle licence— the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre.
a traffic commissioner has power to refuse the application under subsection (2), and
any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his,
For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.
The requirements of this section are set out in subsections (2) and (3).
The first requirement is that the traffic commissioner is satisfied that the applicant—
has an effective and stable establishment in Great Britain (as determined in accordance with paragraph A1 of Schedule 3),
is of good repute (as determined in accordance with paragraphs 1 to 5 of Schedule 3), and
has appropriate financial standing (as determined in accordance with paragraph 6A of Schedule 3).
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The second requirement is that the traffic commissioner is satisfied that the applicant ... —
is an individual who—
is professionally competent (as determined in accordance with paragraph 13 of Schedule 3), and
has designated a suitable number of individuals (which may include the applicant) who satisfy the requirements set out in paragraph 14A(1) and (2) of Schedule 3, or
if the applicant is not an individual, or is an individual who is not professionally competent, has designated a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3) of Schedule 3.
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For the purposes of subsection (3)(a)(ii) and (b), a number of designated individuals is suitable if the traffic commissioner is satisfied it is proportionate to the maximum numbers of motor vehicles and trailers that may be used by the applicant in accordance with section 6 if the standard licence is issued.
In this Act, “transport manager” means an individual designated under subsection (3)(a)(ii) or (b).
Subject to subsection (2) and to sections 14(6), 21, 22, 23 and 45(2), on granting an application for an operator’s licence a traffic commissioner shall issue that licence in the terms applied for.
If a traffic commissioner has determined that any of the requirements of section 13C or 13D that he has taken into consideration in accordance with subsection (1) or (as the case may be) (2) of section 13 would not be satisfied unless he were to exercise any of his powers under subsection (3) below, he shall exercise those powers accordingly.
A traffic commissioner may issue the licence in terms that differ from the terms applied for in any of the following respects—
more or fewer motor vehicles are specified in the licence;
different motor vehicles are specified in it;
it includes a provision such as is mentioned in section 5(2);
it includes a provision such as is mentioned in section 6(1)(b) or (2)(b);
higher or lower maximum numbers are specified in it under section 6;
in the case of a heavy goods vehicle licence, fewer places are specified in it as operating centres of the licence-holder.
Any undertakings taken into account by the traffic commissioner under section 13C(7) that he considers to be material to the granting of the application shall be recorded in the licence issued.
A statement shall appear on the face of every operator’s licence indicating whether it is a standard licence or a restricted licence.
A statement shall appear on the face of every standard licence indicating whether it covers both national and international transport operations or national transport operations only.
The requirement of this section is that the applicant is not unfit to hold an operator’s licence by reason of—
any activities or convictions of which particulars may be required to be given under section 8(4) by virtue of paragraph 1(e) or (f) of Schedule 2;
any conviction required to be notified in accordance with section 9(1) (convictions etc required to be notified subsequent to the making of an application).
The date on which an operator’s licence is to come into force shall be specified in the licence.
Subject to its revocation or other termination under any provision of this Act or any other statutory provision, an operator’s licence (other than an interim licence issued under section 24) shall continue in force indefinitely.
If the holder of an operator’s licence requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must, subject to subsection (4), comply with the request.
A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner is considering giving a direction in respect of the licence under section 26 or 27.
An operator’s licence held by an individual terminates if he dies, if he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or if (in Scotland) a curator bonis is appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.
The requirements of this section are that it must be possible (taking into account the traffic commissioner’s powers under section 15(3) to issue a licence in terms that differ from those applied for) to issue a licence in relation to which—
in the case of a light goods vehicle licence, subsections (2) to (4) will apply, or
in the case of a heavy goods vehicle licence, subsections (2) to (6) will apply.
There must be satisfactory arrangements for securing that the following are complied with in the case of vehicles used under the licence—
Part 6 of the Transport Act 1968 (drivers’ hours);
the applicable Community rules, within the meaning of that Part.
There must be satisfactory arrangements for securing that vehicles used under the licence are not overloaded.
There must be satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition.
A heavy goods vehicle licence must specify at least one place in the traffic area concerned as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds).
The capacity of the place specified as an operating centre (if there is only one) or both or all of the places so specified taken together (if there are more than one) must be sufficient to provide an operating centre for all the heavy goods vehicles used under the licence.
In considering whether the requirements of subsections (2) to (4), or (2) to (6), are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.
In considering whether subsection (5) will apply in relation to a heavy goods vehicle licence, the traffic commissioner may take into account any conditions that could be attached to the licence under section 21 (conditions for securing road safety) and may assume that any conditions so attached will not be contravened.
In considering whether subsection (5) or (6) will apply in relation to a heavy goods vehicle licence, the traffic commissioner may take into account (if this is the case) that any proposed operating centre of the applicant would be used—
as an operating centre of the holders of other heavy goods vehicle licences as well as an operating centre of the applicant; or
by the applicant or by other persons for purposes other than keeping heavy goods vehicles used under the licence.
The requirement of this section is that the provision of the facilities and arrangements for maintaining the vehicles in a fit and serviceable condition (see section 13C(4)) is not prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.
Subject to section 18, on the application of the holder of an operator’s licence, a traffic commissioner may vary the licence by directing—
that additional motor vehicles be specified in the licence or that any maximum number specified in it under section 6 be increased;
that any vehicle cease to be specified in the licence or that any maximum number specified in it under section 6 be reduced;
that any provision in the licence such as is mentioned in section 5(2) cease to have effect;
that a provision such as is mentioned in section 5(2) be included in the licence;
that any provision in the licence such as is mentioned in section 6(1)(b) or (2)(b) cease to have effect;
that a provision such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence;
in the case of a heavy goods vehicle licence, that a new place in the same traffic area be specified in the licence as an operating centre of the licence-holder, or that any place cease to be so specified;
that any undertaking recorded in the licence be varied or removed;
that any condition attached to the licence be varied or removed;
in the case of a restricted licence, that it be converted into a standard licence or, in the case of a standard licence, that it be converted into a restricted licence;
in the case of a standard licence, that it cover both international and national transport operations instead of national transport operations only, or vice versa.
A person applying for the variation of an operator’s licence under this section shall give to the traffic commissioner dealing with the application, in such form as he or another traffic commissioner may require, such information as he or another traffic commissioner may reasonably require for disposing of the application.
Except in the cases mentioned in subsection (4), a traffic commissioner shall publish notice of any application for the variation under this section of an operator’s licence, and shall do so in the manner prescribed for the publication of notices under section 10(1).
The excepted cases are—
where the application is for a direction under subsection (1)(a) that additional motor vehicles be specified in the licence;
where the application is for a direction under subsection (1)(b), (d) or (f);
where the application is for a direction under subsection (1)(g) that a place cease to be specified in a heavy goods vehicle licence as an operating centre of the licence-holder;
where the application is for a direction under subsection (1)(j) that a standard licence be converted into a restricted licence;
where the application is for a direction under subsection (1)(k) that a licence cover national transport operations only, instead of both national and international transport operations;
where the traffic commissioner is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.
Where notice of an application is published under subsection (3), the following provisions, namely— shall, with any necessary modifications and subject to section 19, apply in relation to that application as they apply in relation to an application for an operator’s licence of which notice is published under section 10(1).
section 10(2),
section 12(1)(a), (6), (8) and (9)(a),
sections 13 to 13D, and
section 15,
Subject to subsection (4), a traffic commissioner who is dealing with an application for a heavy goods vehicle licence shall refuse the application for any of the directions mentioned in subsection (2) without considering the merits unless he is satisfied that subsection (3) has been complied with in respect of each locality affected by the application.
The directions referred to in subsection (1) are—
any direction under section 17(1)(a) that a maximum number of heavy goods vehicles specified in a licence under section 6 be increased;
any direction under section 17(1)(c) or (e) that has the effect of authorising the use of a heavy goods vehicle under a licence;
any direction under section 17(1)(g) that a new place be specified in a licence as an operating centre of the licence-holder; and
any direction under section 17(1)(h) or (i) which might result in a material change in the use of any operating centre of the licence-holder in the traffic area concerned .
This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.
A traffic commissioner is not required by this section to refuse an application if—
he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and
he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.
For the purposes of this section a locality is affected by an application for the variation of a heavy goods vehicle licence if—
it contains any place in the traffic area concerned that will be an operating centre of the licence-holder if the application is granted; or
it contains an existing operating centre of the licence-holder in the traffic area concerned and—
the granting of the application would or could result in an increase in the number of heavy goods vehicles, or the number of heavy goods vehicles above a certain weight, that have that centre as their operating centre; or
any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.
This section applies where notice of an application for the variation of a heavy goods vehicle licence has been published under section 17(3).
Where the application relates to an existing operating centre of the licence-holder in the traffic area concerned —
any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that the use of that operating centre in any manner which would be permitted if the application were granted would cause adverse effects on environmental conditions in the vicinity of that centre;
subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that operating centre may make representations against the grant of the application on the ground mentioned in paragraph (a); and
whether or not anyone objects or makes representations under paragraph (a) or (b), a traffic commissioner may refuse the application on the ground mentioned in paragraph (a).
For the purposes of subsection (2), an application shall be taken to relate to an operating centre if—
granting it would or could result in an increase in the number of heavy goods vehicles, or the number of heavy goods vehicles above a certain weight, that have that centre as their operating centre; or
any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.
Where the application is for a place in the traffic area concerned to be specified in the licence as an operating centre of the licence-holder—
any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as an operating centre of the licence-holder; and
subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that place may make representations against the grant of the application on that ground.
A person may not make representations under subsection (2)(b) or (4)(b) unless any adverse effects on environmental conditions arising from the use of the operating centre or place in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.
If any person duly objects or makes representations under subsection (4) against an application for a place in the traffic area concerned to be specified in the licence as an operating centre of the licence-holder, a traffic commissioner may refuse the application—
on the ground that the parking of heavy goods vehicles used under the licence at or in the vicinity of that place would cause adverse effects on environmental conditions in the vicinity of that place; or
subject to subsection (7), on the ground that that place would be unsuitable on environmental grounds other than the ground mentioned in paragraph (a) above for use as an operating centre of the licence-holder.
A traffic commissioner may not refuse an application on the ground mentioned in subsection (6)(b) if—
on the date the application was made, the place in question was already specified in a heavy goods vehicle licence ... as an operating centre of the holder of that licence, or
the applicant has produced to a traffic commissioner a certificate in force in respect of that place under— stating that its use as an operating centre for vehicles used under a heavy goods vehicle licence is or would be lawful.
section 191 or 192 of the Town and Country Planning Act 1990, or
section 150 or 151 of the Town and Country Planning (Scotland) Act 1997;
Subsection (7) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in a heavy goods vehicle licence as an operating centre of the holder of that licence.
A place is not to be regarded for the purposes of paragraph (a) of subsection (7) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in a heavy goods vehicle licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—
the heavy goods vehicle licence in which that place was specified was an interim licence issued under section 24; or
that place was so specified by virtue of an interim direction such as is mentioned in section 25; or
such conditions relating to— as may be prescribed were not satisfied in relation to that place.
the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or
the review under section 36 of any decision so to specify a place,
Any objection or representations under this section—
shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the issue to which the objection relates or the representations relate; and
shall be made in the prescribed manner and within the prescribed time after the making of the application to which the objection relates or the representations relate.
Where a traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.
Where the holder of a restricted licence makes an application under section 17 for a direction that the licence be varied by converting it into a standard licence—
section 9(2) and (3)(b) and (without prejudice to the generality of section 17(5)) section 13(1) shall apply in relation to that application as they apply in relation to an application for a standard licence; and
if the application is granted, section 22(2) shall apply to the giving of the direction to vary the restricted licence as it applies to the issuing of a standard licence.
Where the holder of a standard licence which covers only national transport operations makes an application under section 17 ... for a direction that the licence be varied to cover both national and international transport operations—
the applicant shall include in his application particulars about the professional competence on which he intends to rely; and
a traffic commissioner shall refuse to direct the variation applied for unless he is satisfied that the professional competence on which the applicant proposes to rely is sufficient for the purposes of international transport operations.
On issuing a heavy goods vehicle licence, or on varying such a licence under section 17, a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing heavy goods vehicles that are authorised to be used under it from causing danger to the public—
at any point where heavy goods vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and
on any road (other than a public road) along which heavy goods vehicles are driven between such a point and the operating centre.
On varying a heavy goods vehicle licence under section 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.
A traffic commissioner shall not— unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner with respect to the effect on his business of the proposed condition or variation.
attach to a heavy goods vehicle licence any condition such as is mentioned in this section, or
vary in such manner as imposes new or further restrictions or requirements any condition attached to a heavy goods vehicle licence under this section,
The traffic commissioner shall give special consideration to any representations made under subsection (3) in determining whether to attach the proposed condition or make the proposed variation.
In this section “public road”—
in relation to England and Wales, means a highway maintainable at the public expense for the purposes of the Highways Act 1980; and
in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984.
Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder to inform a traffic commissioner —
of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;
where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or
of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of a traffic commissioner in relation to the licence.
On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—
a condition requiring the licence-holder to inform a traffic commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 13A , and to do so within 28 days of the event; and
a condition requiring the licence-holder to inform a traffic commissioner of any event which could affect the fulfilment by a ... transport manager of one or more of the requirements set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3, and to do so within 28 days of the event coming to the licence-holder’s knowledge.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform a traffic commissioner of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.
For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in section 548 of the Companies Act 2006) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.
Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
On issuing a heavy goods vehicle licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place in the traffic area to which the licence relates as an operating centre of the licence-holder.
The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—
the number, type and size of heavy goods vehicles which may at any one time be at any operating centre of the licence-holder ... for any prescribed purpose;
the parking arrangements to be provided for heavy goods vehicles at or in the vicinity of any such centre; and
the hours at which operations of any prescribed description may be carried on at any such centre.
On varying a heavy goods vehicle licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.
A traffic commissioner shall not— unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner with respect to the effect on his business of the proposed condition or variation.
attach any condition such as is mentioned in this section to a heavy goods vehicle licence, or
vary in such manner as imposes new or further restrictions or requirements any condition attached to a heavy goods vehicle licence under this section,
The traffic commissioner shall give special consideration to any representations made under subsection (4) in determining whether to attach the proposed condition or make the proposed variation.
Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
On an application for an operator’s licence (a “full” licence), a traffic commissioner may, if the applicant so requests, issue to him an interim licence.
An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or any other statutory provision) will continue in force until it terminates under subsection (4), (5) or (6).
A traffic commissioner may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 15(3).
If a traffic commissioner grants the application and issues to the applicant a full licence that— the interim licence shall terminate on the date on which the full licence comes into force.
is in the terms applied for, or
is in those terms subject only to the attachment under section 21, 22 or 23 of any conditions that are also attached to the interim licence,
If, on an appeal under section 37 arising out of the application, the Upper Tribunal orders a traffic commissioner to issue a full licence to the applicant, the interim licence shall terminate—
on the date on which the full licence issued in pursuance of the order comes into force, or
at the time at which the application is withdrawn or treated as withdrawn by virtue of section 45(3).
If neither subsection (4) nor subsection (5) applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to a traffic commissioner .
Where, in a case within subsection (6), the application is granted, the full licence issued to the applicant shall be of no effect before the interim licence terminates (notwithstanding any statement in it to the contrary).
A request for the issuing of an interim restricted licence—
shall not be treated as an application for an operator’s licence for the purposes of section 10, 11, 12, 13, 14, 15(1) to (4), 36 or 37 or Schedule 4, but
shall be treated as such an application for the purposes of any other provision of this Act.
A request for the issuing of an interim standard licence—
shall not be treated as an application for an operator’s licence for the purposes of section 10, 11, 12, 14, 15(1) to (4), 36 or 37 or Schedule 4, but
shall be treated as such an application for the purposes of any other provision of this Act.
In this section and section 25 references to the date on which an application is finally disposed of are references—
subject to paragraph (b), to the earliest date by which the application and any appeal to the Upper Tribunal arising out of the application have been determined and any time for bringing such an appeal has expired, or
if the application is withdrawn or any such appeal is abandoned, to the date of the withdrawal or abandonment.
On an application for the variation under section 17 of an operator’s licence, if the applicant so requests a traffic commissioner may, before the application has been determined, vary the licence by giving an interim direction in respect of it.
An interim direction is a direction under section 17(1) that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) below.
If on determining the application a traffic commissioner varies the licence by giving a direction in the terms applied for and does not also under section 21(1) or (2) or 23(1) or (3) attach or vary any conditions, the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.
If subsection (3) does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to a traffic commissioner .
Where, in a case within subsection (4), on determining the application a traffic commissioner gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.
A request for an interim direction to be given—
shall not be treated as an application for the variation of an operator’s licence for the purposes of section 17(3) or 37 or Schedule 4, but
shall be treated as such an application for the purposes of any other provision of this Act.
The reference in subsection (4) to the date on which an application is finally disposed of is to be construed in accordance with section 24(9).
Subject to the following provisions of this section and the provisions of section 29, a traffic commissioner may direct that an operator’s licence be revoked, suspended or curtailed (within the meaning given in subsection (11)) on any of the following grounds—
in the case of a heavy goods vehicle licence, that a place in the traffic area to which the licence relates has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for heavy goods vehicles authorised to be used under the licence;
that the licence-holder has contravened any condition attached to the licence;
that during the five years ending with the date on which the direction is given there has been—
a conviction of the licence-holder of an offence such as is mentioned in any of sub-paragraphs (a) to (i) of paragraph 5 of Schedule 2;
a conviction of a servant or agent of the licence-holder of any such offence, other than an offence such as is mentioned in sub-paragraph (c), (e) or (h) of that paragraph; or
a prohibition under section 69 or 70 of the Road Traffic Act 1988 (power to prohibit driving of unfit or overloaded vehicles) of the driving of a vehicle of which the licence-holder was the owner when the prohibition was imposed;
that during those five years, on occasions appearing to the commissioner to be sufficiently numerous to justify the giving of a direction under this subsection, there has been a conviction of the licence-holder or a servant or agent of his of an offence such as is mentioned in paragraph 5(j) of Schedule 2 or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence;
that during those five years a fixed penalty notice or conditional offer has been issued under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder in respect of an offence within sub-paragraph (i) of paragraph (c) or to a servant or agent of the licence-holder in respect of an offence within sub-paragraph (ii) of that paragraph;
that the licence-holder made, or procured to be made, for the purposes of— a statement of fact that, whether to his knowledge or not, was false, or a statement of expectation that has not been fulfilled;
his application for the licence,
an application for the variation of the licence, or
a request for a direction under paragraph 1 or 3 of Schedule 4,
that any undertaking recorded in the licence has not been fulfilled;
that the licence-holder, being an individual, has been made bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or, being a company, has gone into liquidation, other than voluntary liquidation for the purpose of reconstruction;
that since the licence was issued or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the issue or variation of the licence;
that the licence is liable to revocation, suspension or curtailment by virtue of a direction under section 28(4).
Where a traffic commissioner has power to give a direction in respect of a licence under subsection (1), the commissioner also has power to direct that a condition, or additional condition, such as is mentioned in section 22(1) be attached to the licence.
In this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 22(1) includes any condition attached to the licence under subsection (2) above.
Where the existence of any of the grounds mentioned in subsection (1) is brought to the notice of a traffic commissioner in the case of the holder of any operator’s licence , the commissioner shall consider whether or not to give a direction under this section in respect of that licence.
Where, in a case falling within subsection (1)(c)(i)— the traffic commissioner shall give a direction under subsection (1) to revoke the licence.
the conviction in question is a conviction of the licence-holder of an offence under section 3(6) or of the corresponding offence under regulation 33(2) of the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, and
there has been, within the 5 years preceding that conviction, a previous conviction of the licence-holder of an offence under either of those provisions,
Where a traffic commissioner gives a direction under subsection (1) that an operator’s licence be suspended or curtailed, the commissioner may order—
in the case of a suspension, that any motor vehicle specified in the licence may not be used under any other operator’s licence (notwithstanding anything in section 5(1)(a)), or
in the case of a curtailment having the effect of removing any motor vehicle from the licence, that the motor vehicle may not be used as mentioned in paragraph (a) and shall not be capable of being effectively specified in any other operator’s licence.
An order made under subsection (6) shall cease to have effect—
on such date, not being more than 6 months after the order is made, as may be specified in the order, or
if, before that date, the licence which is directed to be suspended or curtailed ceases to be in force, on the date on which it ceases to be in force.
Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner may at any time—
cancel the direction together with any order under subsection (6) that was made when the direction was given;
cancel any such order; or
with the consent of the licence-holder, vary the direction or any such order (or both the direction and any such order).
Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
In subsection (1)(g) the reference to an individual having been made bankrupt shall, as respects Scotland, be construed as a reference to an award of sequestration having been made of his estate.
In this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—
that one or more of the vehicles specified in the licence be removed from it;
that a provision such as is mentioned in section 5(2) or 6(1)(b) or (2)(b) be included in the licence;
that any maximum number specified in the licence under section 6 be reduced;
in the case of a heavy goods vehicle licence, that any one or more of the places specified in the licence as operating centres be removed from it.
A traffic commissioner shall direct that a standard licence be revoked if at any time it appears to him that
the licence-holder no longer satisfies one or more of the requirements of section 13A, or
the transport manager designated by the licence-holder no longer satisfies one or more of the requirements set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3
professionally competent;
Before giving a direction under subsection (1) in respect of a licence, a traffic commissioner shall give to its holder notice in writing that he is considering giving such a direction.
A notice under subsection (2) shall state the grounds on which the traffic commissioner is considering giving a direction under subsection (1) and ...— and a traffic commissioner may not give a direction under subsection (1) without considering any representations duly made under this subsection .
shall invite the licence-holder to make written representations with respect to those grounds ..., and
shall state that any such representations must be received by the commissioner dealing with the matter within 21 days of the date of the notice;
This section has effect subject to section 29 (and, in particular, nothing in subsections (3) to (3B) above shall be taken to affect a person’s right under section 29(1) to require the holding of an inquiry).
A notice under subsection (2) may set a time limit... for the licence-holder to rectify the situation.
The time limit set under subsection (3A) may not exceed, beginning with the day after the date of the notice—
6 months, or
9 months if the licence-holder ceases to have a suitable number of individuals designated under section 13A(3)(a)(ii) or (b) because—
a transport manager is physically incapacitated or deceased, and
more than 6 months is required to recruit a replacement transport manager.
If the licence-holder rectifies the situation within the time limit set under subsection (3A), the traffic commissioner must not make the direction under subsection (1).
Where, under section 26(1) or 27(1), a traffic commissioner directs that an operator’s licence be revoked, the commissioner may order the person who was the holder of the licence to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from holding or obtaining an operator’s licence; and so long as the disqualification is in force—
any operator’s licence held by him at the date of the making of the order (other than the licence revoked) shall be suspended, and
notwithstanding anything in section 13 or 24, no operator’s licence may be issued to him.
If a person applies for or obtains an operator’s licence while he is disqualified under subsection (1)—
he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale, and
any operator’s licence issued to him on the application, or (as the case may be) the operator’s licence obtained by him, shall be void.
An order under subsection (1) may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of one or more specified traffic areas and, if the order is so limited—
paragraphs (a) and (b) of that subsection and subsection (2) shall apply only to any operator’s licence to which the order applies, but
notwithstanding section 5(4)(b), no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in a traffic area in respect of which he is disqualified by virtue of the order.
Where a traffic commissioner makes an order under subsection (1) in respect of any person, the commissioner may direct that if that person, at any time or during such period as the commissioner may specify— that licence of that company or, as the case may be, of that person, shall be liable to revocation, suspension or curtailment under section 26.
is a director of, or holds a controlling interest in—
a company which holds a licence of the kind to which the order in question applies, or
a company of which such a company is a subsidiary, or
operates any goods vehicles in partnership with a person who holds such a licence,
The powers conferred by subsections (1) and (4) in relation to the person who was the holder of a licence shall be exercisable also— and any reference in this section or in section 26 or 29 to subsection (1) or (4) above includes a reference to that subsection as it applies by virtue of this subsection.
where that person was a company, in relation to any director of that company, and
where that person operated vehicles under the licence in partnership with other persons, in relation to any of those other persons;
Where an order has been made under subsection (1) disqualifying any person, a traffic commissioner may at any time—
cancel that order together with any direction that was given under subsection (4) when the order was made;
cancel any such direction; or
with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).
Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital (as defined in section 548 of the Companies Act 2006).
A traffic commissioner shall not— without first holding an inquiry if the holder of the licence or (as the case may be) the person concerned requests that an inquiry be held .
give a direction under section 26(1) or (2) or 27(1) in respect of any licence,
make an order under section 26(6) in respect of any vehicle, or
make an order or give a direction under section 28(1) or (4) in respect of any person,
A traffic commissioner may direct that any direction or order given or made by him under— shall not take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of.
section 26(1), (2) or (6),
section 27(1), or
section 28(1) or (4),
If a traffic commissioner refuses to give a direction under subsection (2) the holder of the licence or, as the case may be, the person in respect of whom the direction or order was given or made may apply to the Upper Tribunal for such a direction.
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Within such time after any period of review as may be prescribed, a traffic commissioner may serve a notice on the holder of a heavy goods vehicle licence stating that the commissioner is considering whether to exercise any of his powers under sections 31 and 32 in relation to a place specified in the licence as an operating centre of the licence-holder.
The periods of review in relation to a heavy goods vehicle licence are—
the period of five years beginning with the date specified in the licence as the date on which it came into force; and
each consecutive period of five years.
Regulations may amend subsection (2) by substituting a higher or lower number (but not a number lower than five) for the number of years for the time being specified in paragraphs (a) and (b).
Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).
If, after a notice has been served under section 30 in respect of a place specified in a heavy goods vehicle licence, a traffic commissioner determines that the place is unsuitable— for use as an operating centre of the licence-holder, he may (subject to subsection (3)) direct that it cease to be specified in the licence.
on grounds other than environmental grounds, or
on the ground mentioned in subsection (2),
The ground referred to in subsection (1)(b) is that the parking of heavy goods vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.
Where the only ground for giving a direction under subsection (1) is the ground mentioned in subsection (2), the traffic commissioner may not give such a direction unless during the period of review in question representations were made to him or another traffic commissioner — as to the unsuitability of the place on environmental grounds for continued use as an operating centre for heavy goods vehicles used under any heavy goods vehicle licence.
by such a person as is mentioned in section 12(2), or
by a person who is the owner or occupier of any land in the vicinity of the place in question,
Representations made by a person such as is mentioned in paragraph (b) of subsection (3) shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in that paragraph.
Any representations under this section— but where a traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that representations be treated for the purposes of this Act as duly made under this section notwithstanding that they were not made in the prescribed manner or within the period of review in question.
shall be made in the prescribed manner; and
shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate;
If, after a notice has been served under section 30 in respect of a place specified in a heavy goods vehicle licence, no direction is given in respect of the place under section 31, a traffic commissioner may direct—
that conditions (or additional conditions) such as are mentioned in section 21, 22(1)(c) or 23 be attached to the licence;
that any conditions already attached to the licence under section 21, 22(1)(c) or 23 be varied.
Any conditions attached to the licence under subsection (1)(a) shall relate or, in the case of conditions such as are mentioned in section 22(1)(c), shall only require a traffic commissioner to be informed of events that relate—
only to the place referred to in subsection (1), or
only to that place and any other places in respect of which the traffic commissioner giving the direction has power to attach conditions under that subsection.
Any variation under subsection (1)(b) shall be such as imposes new or further restrictions or requirements—
only in relation to the place referred to in subsection (1), or
only in relation to that place and any other places in respect of which the traffic commissioner giving the direction has power to attach conditions under that subsection.
Where a traffic commissioner gives a direction in respect of a heavy goods vehicle licence under section 31 or subsection (1)(a) above, he may also vary the licence by directing—
that any heavy goods vehicle cease to be specified in the licence;
that any maximum number of heavy goods vehicles specified in the licence under section 6 be reduced;
that a provision relating to heavy goods vehicles such as is mentioned in section 5(2) be included in the licence;
that a provision relating to heavy goods vehicles such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence.
In this Act any reference, in relation to a heavy goods vehicle licence, to a condition attached to the licence under section 21, 22 or 23 includes a reference to any condition such as is mentioned in section 21, 22 or (as the case may be) 23 attached to the licence under subsection (1)(a) above.
Schedule 4 (which makes provision in relation to certain applications for, or for the variation of, heavy goods vehicle licences where the proposed operating centres of the applicant are already specified in a heavy goods vehicle licence) shall have effect.
In making any determination of a description mentioned in subsection (2), a traffic commissioner shall have regard to such considerations as may be prescribed as relevant to determinations of that description.
The determinations referred to are—
any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of a heavy goods vehicle licence;
any determination with respect to attaching to a heavy goods vehicle licence any condition such as is mentioned in section 23 or varying or removing any such condition attached to a heavy goods vehicle licence; and
any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of a heavy goods vehicle licence.
In making any such determination for the purposes of exercising— a traffic commissioner may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 30 to 32, and may assume that those undertakings will be fulfilled.
any of his functions in relation to an application for, or for the variation of, a heavy goods vehicle licence, or
any of his functions under sections 30 to 32,
In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c), a traffic commissioner may take into account any conditions such as are mentioned in section 23 that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.
Where a traffic commissioner— any undertakings taken into account by the commissioner under subsection (3) that he considers to be material to the application or (as the case may be) to his decision under sections 31 and 32 shall be recorded in the licence in question.
grants an application for, or for the variation of, a heavy goods vehicle licence, or
after a notice has been served under section 30 in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 31 and 32 in relation to that place,
A traffic commissioner may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Act or the 2009 Regulation.
Where, as respects the proposed exercise on any occasion of any of his powers under this Act or the 2009 Regulation, a traffic commissioner receives a request for an inquiry (made pursuant to section 29(1) or paragraph 15(1)(d) or 17(4)(c) of Schedule 3) from two or more persons, he or another traffic commissioner may hold a single inquiry in response to both or all of those requests.
Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act or the 2009 Regulation shall be held in public.
Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—
with the consent of the person for the time being carrying on that trade or business;
for the purpose of the discharge by any person of his functions under this Act or the 2009 Regulation; or
with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Act or the 2009 Regulation, including proceedings before the Upper Tribunal.
Any person who discloses any information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Subject to subsection (2), a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his , or of another traffic commissioner, to grant or refuse— if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.
an application for an operator’s licence, or
an application for the variation of such a licence in a case where section 17(3) required notice of the application to be published,
A traffic commissioner may under subsection (1) review a decision only—
if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;
if, within that period, a person who appears to him to have an interest in the decision has requested that the decision be reviewed by a traffic commissioner ; or
(where neither paragraph (a) nor paragraph (b) applies), if he considers there to be exceptional circumstances that justify the review.
Regulations may make provision as to the manner in which notices under subsection (2)(a) are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).
The variation or revocation under this section of any decision shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.
An applicant for, or for the variation of, an operator’s licence may appeal to the Upper Tribunal against the refusal of the application or (as the case may be) against the terms of the licence or of the variation.
The holder of an operator’s licence may appeal to the Upper Tribunal against any direction given under section 5(9), 26(1) or (2), 27(1), 31 or 32 in respect of the licence.
The holder of an operator’s licence may appeal to the Upper Tribunal against any order made under section 26(6) on the suspension or curtailment of the licence.
A person in respect of whom an order has been made under section 28(1) (including section 28(1) as it applies by virtue of section 28(5)) may appeal to the Upper Tribunal against that order and against any direction given under section 28(4) (including section 28(4) as it so applies) when the order was made.
A person who has duly made an objection to an application for, or for a variation of, an operator’s licence may appeal to the Upper Tribunal against the grant of the application.
A person who— may appeal to the Upper Tribunal against the refusal of the application.
within the prescribed period has made an application for a review under section 36, and
has been certified by a traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,
In subsections (1) and (2) “operator’s licence” does not include an interim licence issued under section 24.
A person is guilty of an offence if, with intent to deceive, he—
forges, alters or uses a document or other thing to which this section applies;
lends to, or allows to be used by, any other person a document or other thing to which this section applies; or
makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive.
This section applies to the following documents and other things, namely—
any operator’s licence;
any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;
any document evidencing the authorisation of any person for the purposes of sections 40 and 41;
any certificate of qualification under section 49; and
any certificate or diploma such as is mentioned in paragraph 13(1) or (1A) of Schedule 3.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.
A person is guilty of an offence if he knowingly makes a false statement for the purpose of—
obtaining the issue to himself or any other person of an operator’s licence;
obtaining the variation of any such licence;
preventing the issue or variation of any such licence;
procuring the imposition of a condition or limitation in relation to any such licence; or
obtaining the issue to himself or any other person of a certificate of qualification under section 49 or a certificate or diploma such as is mentioned in paragraph 13(1) or (1A) of Schedule 3.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the vehicles used under the licence in a fit and serviceable condition.
Any person who obstructs an officer in the exercise of his powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If an officer has reason to believe that— is a document or article in relation to which an offence has been committed under section 38 or 39, he may seize that document or article.
a document or article carried on or by the driver of a vehicle, or
a document produced to him in pursuance of this Act,
Where— then any of the persons mentioned in subsection (3) may make an application to a magistrates’ court or (in the case of an application made in Scotland) the sheriff.
a document or article is seized under subsection (1),
no person has, within six months of the date on which the document or article was seized, been charged since that date with an offence in relation to it under section 38 or 39, and
the document or article is still detained,
The persons who may make an application under subsection (2) are—
an officer;
the driver or owner of the vehicle;
the person from whom the document was seized.
On an application under subsection (2), the magistrates’ court or the sheriff shall— as the justice of the case may require.
make such order respecting the disposal of the document or article, and
award such costs or (in Scotland) expenses,
Any application made under subsection (2) to the sheriff shall be made by way of summary application.
In sections 40 and 41 “officer” means—
an examiner appointed under section 66A of the Road Traffic Act 1988, or
any person authorised for the purposes of sections 40 and 41 by a traffic commissioner .
The powers conferred by sections 40 and 41 on an officer shall be exercisable also by a police constable.
In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.
The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states—
that, on any date, a person was or was not the holder of an operator’s licence issued by a traffic commissioner ;
that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date;
the date of the coming into force of any operator’s licence issued by a traffic commissioner ;
the date on which any operator’s licence issued by a traffic commissioner ceased to be in force;
the terms and conditions of any operator’s licence issued by a traffic commissioner ;
that a person is by virtue of an order of a traffic commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period;
that a direction, having effect indefinitely or for a specified period, has been given by a traffic commissioner under section 28(4) in relation to any person;
that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by a traffic commissioner under section 26(1); or
that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period.
that a person is by virtue of an order of a traffic commissioner disqualified from acting as a transport manager, either indefinitely or for a specified period (see paragraph 16 of Schedule 3);
Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.
In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Act or the 2009 Regulation, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed for the purpose by the Secretary of State.
The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.
Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by a traffic commissioner in respect of—
applications for, or for the variation of, operators’ licences;
the issue or variation of operators’ licences;
the continuation in force of operators’ licences;
any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.
A traffic commissioner may decline to proceed with— until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.
any application for, or for the variation of, an operator’s licence, or
the issue or variation of any operator’s licence,
If, in the case of any application for, or for the variation of, an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—
the application shall be treated as withdrawn at that time, and
any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a direction, ceases to have effect or terminates at that time.
If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.
A traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (3) or (4) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
Where, by virtue of such a direction, the effect of subsection (3)(a) is to be disregarded in any case, any termination— by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.
of an interim licence under section 24(5)(b) or (6), or
of an interim direction under section 25(4),
Where such a direction is given in respect of an operator’s licence—
any condition attached to the licence under section 22 shall be treated as having been of no effect during the period beginning with the time when the licence terminated by virtue of subsection (3) or (4) above and ending with the time when the direction comes into force, and
subject to paragraph (a), the traffic commissioner may vary any such condition as it applies in relation to events occurring before the direction comes into force.
All fees payable under this Act, other than those payable under section 49, shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
The Secretary of State may by regulations make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator’s licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.
Regulations under this section may—
modify or supplement any of the provisions of this Act, other than the excepted provisions, so far as appears to the Secretary of State to be necessary or expedient for or in connection with the purpose mentioned in subsection (1), and
may contain such other supplementary and incidental provisions as appear to the Secretary of State to be requisite.
In this Act “the excepted provisions” means the following provisions ..., namely—
sections 3, 3A, 4, 9(2) and (3)(b), 13A, 15(5) and (6), 20, 22(2) to (5), 27 and 49;
in section 58, in subsection (1), the definitions of “international transport operations”, “national transport operations”... and “transport manager”, and subsection (4); and
Schedule 3.
Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be specified in the regulations; but nothing in any such regulations may make modifications in any of the excepted provisions (within the meaning given in section 46(3)).
Subject to any regulations under section 46, an operator’s licence is neither transferable nor assignable.
Regulations may make provision enabling a traffic commissioner, where the holder of an operator’s licence ... has died or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,, to direct that the licence be treated—
as not having terminated at the time when the licence-holder died or became a person who lacked capacity in that respect but as having been suspended (that is, as having remained in force but subject to the limitation that no vehicles were authorised to be used under it) from that time until the time when the direction comes into force; and
as having effect from the time when the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
Regulations may make provision enabling a traffic commissioner in prescribed circumstances to direct that any operator’s licence ... is to be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
Regulations may make provision enabling a traffic commissioner to direct, for the purpose of giving effect to or supplementing a direction given by him or another traffic commissioner by virtue of subsection (2) or (3), that this Act is to apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence; but nothing in any such regulations shall permit a traffic commissioner to modify the operation of any of the excepted provisions (within the meaning given in section 46(3)).
In subsection (2) references to a person becoming a person lacking capacity include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.
In this section “specified”, in relation to a direction, means specified—
in the regulations under which the direction was given; or
in the direction in accordance with those regulations.
On an application made to him by a person wishing to engage in an undertaking established in a member State that involves the use of goods vehicles, the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to— as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the ... member State as regards the repute, professional competence and financial standing of persons engaged in such an undertaking established in that member State.
the applicant’s repute,
his professional competence, or
(where relevant) his financial standing,
A certificate of qualification shall—
be in such form as the Secretary of State for Transport may specify; ...
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No certificate of qualification shall be issued before a fee of £20 has been paid.
The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.
In this section “the appropriate person”— ...
in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and
in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,
in relation to an applicant who holds no such licence, means the Secretary of State;
All fees payable under this section shall be paid into the Consolidated Fund.
Schedule 5 (which requires certain documents to be carried by the drivers of large goods vehicles and makes other provision in connection with such vehicles) shall have effect.
This section and Schedule 5 shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and different provisions.
Section 6 of the Road Traffic Offenders Act 1988 (time for bringing summary proceedings for certain offences) shall apply to an offence under section 9(3)(a) or (b), 38 or 39.
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the provisions of this Act or regulations made under it.
For the purposes of this Act the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.
Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
It is hereby declared that nothing in this Act is to be treated as conferring on the holder of an operator’s licence any right to the continuance of any benefits arising from this Act or from any such licence or from any conditions attached to any such licence.
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In exercising a function under any provision made by or under this Act in relation to a standard licence authorising both national and international transport operations, a traffic commissioner may have regard to any obligation of the United Kingdom as a party to the Trade and Cooperation Agreement that is relevant to the exercise of the function.
In this section, “the Trade and Cooperation Agreement” has the meaning given in section 37 of the European Union (Future Relationship) Act 2020.
The Secretary of State may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.
In particular, but without prejudice to the generality of subsection (1), the Secretary of State may make regulations with respect to the following matters—
the procedure on applications for, and the determination of questions in connection with, the issuing and variation of operators’ licences and the procedure under, and the determination of questions for the purposes of, sections 26 to 32 and 36;
the issue of operators’ licences and the issue on payment of the prescribed fee of copies of such licences in the case of licences lost or defaced;
the forms which operators’ licences are to take in order to show a distinction—
between a standard licence and a restricted licence; and
between a licence covering both international and national transport operations and a licence covering national transport operations only;
the means by which vehicles may be identified, whether by plates, marks or otherwise, as being used or authorised to be used under an operator’s licence;
the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (d);
the payment of a prescribed fee in respect of any document, plate or other means of identification so prescribed that has been lost, defaced or broken;
the notification to a traffic commissioner of vehicles which have ceased to be used under an operator’s licence;
the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Act;
the circumstances in which goods are to be treated for the purposes of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him.
The power under subsection (2)(a) shall include power to require a person applying for an operator’s licence to state in his application—
whether his application is for a standard licence or a restricted licence, and
(if his application is for a standard licence) whether his application is for a licence to cover both international and national transport operations or for one to cover national transport operations only.
The power under subsection (2)(d) shall include power to require that any means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence is required.
The power under subsection (2)(d) shall also include power to make provision with respect to the means by which—
any vehicle may be identified as being used under a standard licence or, as the case may be, a restricted licence; and
any vehicle which is being used under a standard licence may be identified as being used under a licence that permits it to be used—
for both international and national transport operations, or
for national transport operations only.
The Secretary of State may make regulations for providing that any provision of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed.
Any regulations under this Act may make— and regulations made by virtue of subsection (2)(d) may make different provision for different traffic areas.
different provision for different cases or classes of case and different circumstances, and
transitional provision,
A definition or description of a class of vehicles for the purposes of any regulation under this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatever.
Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
No regulations shall be made under section 30(3) unless a draft of them has been laid before, and approved by a resolution of, each House of Parliament.
Any regulations made by the Secretary of State under this Act, other than regulations under section 30(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Before making any regulations under this Act the Secretary of State shall consult with such representative organisations as he thinks fit.
Any power to make orders or regulations conferred on the Secretary of State by any provision of this Act shall be exercisable by statutory instrument.
In this Act, unless the context otherwise requires—
“trade union”has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992;
a body approved by the department in Northern Ireland that, by order made under the Departments (Northern Ireland) Order 1999, is responsible for exercising the functions of a department under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ; and
This Table shows the derivation of the provisions of the Act.
The following abbreviations are used in the Table:— 1960 = The Road Traffic Act 1960 (c. 16) 1968 = The Transport Act 1968 (c. 73) 1974 = The Transport Act 1974 (c. 50) 1982 = The Transport Act 1982 (c. 49) 1988 = The Road Traffic (Consequential Provisions) Act 1988 (c. 54) 1994 = The Deregulation and Contracting Out Act 1994 (c. 40) S.I. 1981/1373 = The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) Regulations 1981. S.I. 1984/176 = The Goods Vehicles (Operators’ Licences, Qualification and Fees) Regulations 1984 S.I. 1984/177 = The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) (Amendment) Regulations 1984. S.I. 1986/666 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1986. S.I. 1986/1391 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1986. S.I. 1987/841 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1987. S.I. 1990/1849 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1990. S.I. 1990/2640 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1990. S.I. 1991/2239 = The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1991. S.I. 1992/3077 = The Goods Vehicles (Community Authorisations) Regulations 1992.
The Table does not separately acknowledge the provisions in the Magistrates’ Courts Act 1980 (c.43), the Criminal Justice Act 1982 (c.48) and the Criminal Procedure (Scotland) Act 1975 (c.21) by virtue of which the fines which may be imposed on conviction of the offences consolidated were increased and references to the amount of the maximum fines to which persons are liable in respect of the offences were translated into levels on the standard scale.
The functions originally vested in the Minister of Transport by the Transport Act 1968 have become vested in the Secretary of State by virtue of the following transfer of functions orders: the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), the Secretary of State for Transport Order 1976 (S.I. 1976/1775), the Minister of Transport Order 1979 (S.I. 1979/571) and the Transfer of Functions (Transport) Order 1981 (S.I. 1981/238). The Table does not separately acknowledge the effect of those Orders. Provision Derivation 1(1) 1968 s.59(1); Transport Act 1985 (c.67) s.3(4). (2) 1968 s.59(2). 2(1) 1968 s.60(1). (2) 1968 s.60(2); S.I. 1992/3077 reg.14(2). (3) 1968 s.60(4A); S.I. 1992/3077 reg.14(3). (4) 1968 s.60(3). (5) 1968 s.60(5). 3(1) S.I. 1984/176 reg.4(1). (2) S.I. 1984/176 reg.3(2) “standard licence”. (3) S.I. 1984/176 reg.3(2) “restricted licence”. (4) S.I. 1984/176 reg.4(2); S.I. 1986/666 reg.3. (5) S.I. 1984/176 reg.4(3). (6) S.I. 1984/176 reg.33(2). (7) S.I. 1984/176 reg.33(3). 4 S.I. 1984/176 reg.34A; S.I. 1990/1849 reg.6. 5(1) to (3) 1968 s.61(1) to (1B); 1994 s.42(1). (4), (5) 1968 s.61(2). (6), (7) 1968 s.61(3), (4); 1994 s.42(2). (8), (9) 1968 s.61(5), (6). 6 1968 s.61A; 1994 s.42(3). 7(1) 1968 s.69A(1); 1982 Sch.4 Pt. I; 1994 Sch.13 para.5(1). (2) 1968 s.69A(4); 1982 Sch.4 Pt.I. (3) 1968 s.92(1) “operating centre”; 1982 s.52(1); 1994 Sch.13 para.15(1)(c). 8(1), (2) 1968 s.62(1). (3) 1968 ss.62(2), 69A(2); 1982 Sch.4 Pt.I. (4) 1968 s.62(4) (part). (5) 1968 s.69A(3); 1982 Sch.4 Pt.I; 1994 Sch.13 para.5(2). (6) 1968 ss.62(5), 69A(3A); 1994 Sch.13 para.5(3). 9(1) 1968 s.62(4A) (part); 1974 Sch.4 para.1. (2) 1968 s.62(4A) (part); 1974 Sch.4 para.1; S.I. 1984/176, reg.5(5) (part). (3) 1968 s.62(4B) (part); 1974 Sch.4 para.1; S.I. 1984/176 reg.5(5) (part). (4) 1968 s.62(4A) (part); 1974 Sch.4 para.1. 10(1) 1968 s.63(1). (2) 1968 ss.63(4) (part), 69G(3) (part); 1994 Sch.13 para.9. 11 1968 s.69E(1) (part), (3) (part), (4) (part), (5) (part); 1994 s.49. 12(1) 1968 ss.63(3) (part), 69B(1); 1982 Sch.4 Pt.I, Pt.II para.1(c); 1994 Sch.13 paras.2(1), 6(1). (2) 1968 s.63(3) (part); 1982 Sch.4 Pt.II para.8(a). (3) 1968 s.63(3) (part). (4), (5) 1968 s.69B(2); 1982 Sch.4 Pt.I; 1994 Sch.13 para.6(1). (6) 1968 s.63(4) (part). (7) 1968 s.69G(2) (part); 1994 Sch.13 para.9. (8) 1968 ss.63(4A), 69G(4) (part); 1994 s.43, Sch.13 para.9. (9) 1968 s.63(4) (part), 69G(1) (part); 1994 Sch.13 para.9. (10) 1968 s.69G(1) (part); 1994 Sch.13 para.9. (11) Drafting. (12) 1968 ss.63(6), 159(3)(a), (b); Local Government Act 1972 (c.70) s.179(3); 1982 Sch.4 Pt.II para.8(b); Planning (Consequential Provisions) Act 1990 (c. 11) Sch.2 para.22(1); Trade Union and Labour Relations (Consolidation) Act 1992 (c.52) Sch.2 para.2; Local Government (Wales) Act 1994 (c.19) Sch.7 para.35; Local Government etc. (Scotland) Act 1994 (c. 39) Sch.13 para.80(8). 13(1) 1968 s.64(1) (part); Interpretation Act 1978 (c. 30) s.17(2); 1994 s.44(1); S.I. 1984/176 regs.5(1) (part), 36(7) (part). (2) 1968 s.64(1) (part); 1994 s.44(1). (3) S.I. 1984/176 reg.5(1) (part), (2). (4) 1968 s.64(2); 1994 s.44(1). (5) 1968 s.64(3); Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c. 3) s.2(2) (part); 1994 s.44(1), Sch.13 para.17. (6) to (11) 1968 s.64(4) to (9); 1994 s.44(1). 14(1) Drafting. (2) 1968 s.69B(3), (4); 1982 Sch.4 Pt.I; 1994 Sch.13 para.6(2), (3). (3) to (5) 1968 s.69B(5), (5A), (5B); 1994 s.44(2). (6), (7) 1968 s.69B(6), (6A); 1994 Sch.13 para.6(4). 15(1) to (4) 1968 s.64A; 1994 s.44(1). (5), (6) S.I. 1984/176 reg.4(4). 16(1) to (3) 1968 s.67(1) to (4); 1994 s.46. (4) 1968 s.67(4); 1994 s.46; S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5. (5) 1968 ss.67(5), 92(4A) (part); 1994 s.46, Sch.13 para.15(4). 17 1968 s.68(1) and (3) to (6); 1994 s.47(1). 18 1968 s.69E(1) (part), (2), (3) (part), (4) (part), (5) (part); 1994 s.49. 19 1968 s.69D; 1994 s.47(2). 20 S.I. 1984/176 reg.8. 21(1) to (4) 1968 s.64B(1) to (4); 1994 s.45. (5) 1968 ss.64B(5), 159(1) “public road”; Roads (Scotland) Act 1984 (c. 54) Sch.9 para.66(10)(d); 1994 s.45. (6) 1968 s.64B(6); 1994 s.45. 22(1) 1968 s.66(1); 1994 Sch.13 para.3. (2), (3) S.I. 1984/176 reg.7(1). (4), (5) S.I. 1984/176 reg.7(3), (4). (6) 1968 s.66(2); S.I. 1984/176 reg.7(2) (part). 23(1) 1968 s.69C(1); 1994 Sch.13 para.7(1). (2) 1968 s.69C(2); 1982 Sch.4 Pt.I. (3) 1968 s.69C(3); 1994 Sch.13 para.7(2). (4), (5) 1968 s.69C(5), (5A); 1994 Sch.13 para.7(3). (6) 1968 s.69C(6); 1982 Sch.4 Pt.I. 24(1), (2) 1968 s.67A(1), (2); 1994 s.46. (3) 1968 s.67A(8); 1994 s.46. (4) to (8) 1968 s.67(3) to (7); 1994 s.46. (9) 1968 s.92(2B) (part); 1994 Sch.13 para.15(2). 25(1) to (6) 1968 s.68A; 1994 s.47(1). (7) 1968 s.92(2B) (part); 1994 Sch.13 para.15(2). 26(1) 1968 s.69(1), (4) (part); 1988 Sch.3 para.6(2)(d); 1994 s.48(2). (2), (3) 1968 s.69(2), (2A); 1994 s.48(2). (4) 1968 s.69(3). (5) 1968 s.69(3A), (4) (part); S.I. 1984/176 reg.36(3)(b), (c). (6), (7) 1968 s.69(7A); 1974 Sch.4 para.4(4); 1994 Sch.13 para.4(4). (8) 1968 s.69(8); 1994 s.48(5). (9) 1968 s.69(10A) (part); 1994 Sch.13 para.4(7). (10) 1968 s.92(4). (11) 1968 s.92(3); 1982 Sch.4 Pt.II para.7(b); 1994 Sch.13 para.15(3). 27(1) S.I. 1984/176 reg.9(1). (2), (3) S.I. 1984/176 reg.9(2). (4) S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5. 28(1) 1968 s.69(5); 1994 s.48(3); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5. (2), (3) 1968 s.69(5A), (5B); 1994 s.48(3). (4) 1968 s.69(6). (5) 1968 s.69(7); 1994 s.48(4), Sch.13 para.4(3). (6) 1968 s.69(8A); 1994 s.48(5). (7) 1968 s.69(10A) (part); 1994 Sch.13 para.4(7). (8) 1968 s.69(11); Companies Consolidation (Consequential Provisions) Act 1985 (c.9) Sch.2. 29(1) 1968 s.69(9); 1974 Sch.4 para.4(6); 1994 Sch.13 para.4(5); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5. (2) 1968 s.69(10) (part); 1994 Sch.13 para.4(6); S.I. 1984/176 reg.9(4) (part); S.I. 1987/841 reg.5. (3), (4) 1968 s.69(10) (part). 30 1968 s.69EA; 1994 s.50(1). 31(1) to (4) 1968 s.69EB; 1994 s.50(1). (5) 1968 s.69G(1) (part), (2) (part), (4) (part); 1994 Sch.13 para.9. 32 1968 ss.69EC; 1994 s.50(1). 33 1968 ss.69ED; 1994 s.50(1). 34 1968 s.69H; 1994 Sch.13 para.9. 35(1) 1968 s.87(1); S.I. 1984/176 reg.36(4) (part). (2) 1968 s.87(3); S.I. 1984/176 regs.9(4) (part), 36(4) (part); S.I. 1987/841 reg.5. (3) 1968 s.87(4); S.I. 1984/176 reg.36(4) (part). (4) 1968 s.87(5). 36 1968 s.69J; 1994 s.52. 37(1) 1968 s.70(1) (part), (2); 1994 s.53. (2) 1968 s.70(1) (part), (3); Interpretation Act 1978 (c.30) s.17(2); 1994 s.53; S.I. 1984/176 reg.9(3). (3) to (7) 1968 s.70(1) (part), (4) to (8); 1994 s.53. 38(1) 1960 s.233(2) (part). (2) 1960 s.233(1); 1968 Sch.10 Pts. I, II; 1994 Sch.13 para.16; S.I. 1984/176 reg.36(9) (part). (3) 1960 s.233(3); Powers of Criminal Courts Act 1973 (c. 62) s.30; 1988 Sch.3 para.2(1). (4) 1960 s.233(2) (part); Forgery and Counterfeiting Act 1981 (c. 45) s.12. 39(1) 1960 s.235(1); 1968 Sch.10 Pt.I; S.I. 1984/176 reg.36(9) (part). (2) 1960 s.235(3); 1974 Sch.5 Pt.I; Transport Act 1980 (c. 34) Sch.4. 40(1) 1968 s.82(4); 1994 Sch.13 para.10. (2) 1968 s.82(5) (part). 41 1968 s.82(6) (part). (2) 1968 s.82(6) (part), (7) (part). (3) 1968 s.82(6) (part). (4) 1968 s.82(6) (part), (7) (part). (5) 1968 s.82(7) (part). 42(1) 1968 s.82(8); Road Traffic Act 1991 (c. 40) Sch.4 para.1. (2) 1968 s.82(9) (part). 43(1) 1968 s.84 (part); S.I. 1984/176 reg.36(4) (part). (2) 1968 s.84 (part); 1994 Sch.13 para.11. (3) 1968 s.84 (part). 44 1968 s.69I; 1994 s.51. 45 1968 s.89; 1994 s.56. 46(1) 1968 s.85(1); 1994 Sch.13 para.12. (2) 1968 s.85(2); Transport Act 1982 (c. 49) Sch.5 para.6. (3) Drafting. 47 1968 s.85A; 1994 s.54. 48(1) to (4) 1968 s.86(1) to (4); 1994 s.55. (5) 1968 s.92(4A) (part); 1994 Sch.13 para.15(4). (6) 1968 s.86(5); 1994 s.55. 49(1) S.I. 1984/176 reg.6(1) and (2) to (4). (5) S.I. 1984/176 reg.6(1A); S.I. 1991/2239 reg.4(3). (6) European Communities Act 1972 (c. 68) s.2(3)(b). 50(1) Drafting. (2) 1968 s.166(2) (part). 51 1960 s.244 (part); 1968 s.62(4B) (part); Driver and Vehicle Licensing Act 1969 (c. 27) Sch.2 para.11; 1974 Sch.4 para.1; 1988 Sch.3 para.6(1). 52 1960 s.247(2) (part); 1968 Sch.10 Pt.I; 1988 Sch.3 para.2(3). 53 1960 s.255 (part); 1968 Sch.10 Pt.I. 54 1960 s.269 (part); 1968 Sch.10 Pt.I. 55 1960 s.263; 1968 Sch.10 Pt.II. 56 1968 Sch. 10 Pt.I. 57(1) 1968 s.91(1) (part); S.I. 1984/176 reg.36(6) (part). (2) 1968 s.91(1) (part); 1982 Sch.4 Pt.II para.6(a); 1994 Sch.13 para.14(1)(a) to (d); S.I. 1984/176 regs.9(4) (part), 36(4) (part), (5) (part); S.I. 1987/841 reg.5. (3) S.I. 1984/176 reg.36(5) (part). (4) 1968 s.91(2); 1994 Sch.13 para.14(2); S.I. 1984/176 reg.36(4) (part). (5) S.I. 1984/176 reg.36(5) (part). (6) 1968 s.91(4); S.I. 1984/176 reg.36(4) (part). (7) 1968 s.91(4A); 1994 Sch.13 para.14(4). (8), (9) 1968 s.91(5), (6). (10) 1968 s.91(6A); 1994 Sch.13 para.14(5). (11) 1968 s.91(7); 1994 Sch.13 para.14(6). (12) 1968 s.91(8). (13) 1968 s.157 (part). 58(1) “area”: drafting; “articulated combination”: 1968 s.92(1) “articulated combination”; “carriage of goods”: 1968 s.92(1) “carriage of goods”; “contravention”: 1968 s.92(1) “contravention”; “the 1974 Council Directive”: S.I. 1984/176 reg.3(2) “the 1974 Council Directive”; S.I. 1990/1849 reg.3(b); S.I. 1990/2640 reg.3; “the 1977 Council Directive”: S.I. 1984/176 reg.3(2) “the 1977 Council Directive”; S.I. 1990/1849 reg.3(c); “driver”: 1960 s.257(1) “driver”; 1968 s.92(1) “driver”; “functions”: 1968 s.159(1) “functions”; “goods”: 1968 s.92(1) “goods”; “goods vehicle”: 1968 s.92(1) “goods vehicle”, (5); 1994 Sch.13 para.15(5); “holding company” and “subsidiary”: S.I. 1984/176 reg.3(2) “holding company” and “subsidiary”; S.I. 1987/841 reg.4(1)(a); “international transport operations” and “national transport operations”: S.I. 1984/176 reg. 3(2) “international transport operations” and “national transport operations”; S.I. 1986/1391 reg.3(a); “modification”: 1968 s.92(1) “modification”; 1994 Sch.13 para.15(1)(b); “motor vehicle” and “trailer”: 1968 s.92(1) (part); “operating centre”: drafting; “operator’s licence”: drafting; “owner”: 1968 s.92(1) “owner”; 1982 Sch.4 Pt.II para.7(a); “plated weight”: 1968 s.159(1) “plated weight”; 1988 Sch.3 para.6(8); “prescribed”: 1968 s.92(1) “prescribed”; “regulations”: 1968 s.92(1) “regulations”; “restricted licence”: drafting; “road”: 1960 s.257(1) “road”; 1968 s.159(1) “road”; Roads (Scotland) Act 1984 (c. 54) Sch.9 para.66(10)(e); “road transport undertaking”: S.I. 1984/176 reg.3(2) “road transport undertaking”; “standard licence”: drafting; “statutory provision”: 1968 s.92(1) “statutory provision”; 1994 Sch.13 para.15(1)(d); “traffic area”: drafting; “transport manager”: S.I. 1984/176 “transport manager”; “vehicle combination”: 1968 s.92(1) “vehicle combination”. (2) 1968 s.92(2). (3) 1968 s.92(2A); 1994 Sch.13 para.15(2). (4) S.I. 1984/176 reg.3(3). (5) 1968 s.92(6). 59 to 62 Sch. 1 para.1 1968 s.60(4) (part). para.2 1968 s.60(4)(a); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2. para.3(1) 1968 s.60(4)(b); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2. para.3(2) 1968 s.60(4) (part); S.I. 1981/1373 Sch. Pt.IIIA. para.4 1968 s.60(4)(c); S.I. 1981/1373 Sch. Pt.IIIA; S.I. 1984/177 reg.2. para.5 1968 s.60(4) (part). Sch. 2 para.1 1968 s.62(4) (part); Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c. 3) s.2(2) (part); 1994 Sch.13 para.1(2). para.2 1968 s.62(4)(d) (part). para.3 1968 s.62(4)(d) (part). para.4 1968 s.62(4)(e) (part). paras.5, 6 1968 s.69(4) (part); Road Traffic Act 1972 (c.20) Sch.7; 1974 Sch.4 para.4(2); International Road Haulage Permits Act 1975 (c.46) s.3(1); Hydrocarbon Oil Duties Act 1979 (c.5) Sch.6 para.2; Road Traffic Regulation Act 1984 (c.27) Sch.13 para.6(a), (b); 1988 Sch.3 para.6(2)(a), (b), (c); Environmental Protection Act 1990 (c.43) Sch.15 para.10(2)(b); 1994 Sch.13 para.4(1); S.I. 1984/176 reg.36(3)(c). Sch. 3 para.1(1), (2) S.I. 1984/176 Sch.6 para.1(1), (2). para.1(3) S.I. 1984/176 reg.3(2) “relevant conviction” (part); S.I. 1990/1849 reg.3(a). para.2 S.I. 1984/176 Sch.6 para.1(3), (9) (part); S.I. 1990/1849 reg.7(a). para.3(1), (2) S.I. 1984/176 Sch.6 para.1(4); S.I. 1990/1849 reg.7(a). para.3(3) S.I. 1984/176 Sch.6 para.1(6); S.I. 1990/1849 reg.7(a). para.4 S.I. 1984/176 Sch.6 para.1(5); S.I. 1990/1849 reg.7(a). para.5(1) S.I. 1984/176 Sch.6 para.1(7); S.I. 1990/1849 reg.7(a). para.5(2) S.I. 1984/176 reg.3(2) “relevant conviction” (part), Sch.6 para.1(8); S.I. 1990/1849 regs.3(a), 7(a). para.6(1) S.I. 1984/176 Sch.6 para.2(1). para.6(2), (3) S.I. 1984/176 Sch.6 paras.2(2), (3); S.I. 1990/1849 reg.7(b). para.6(4) S.I. 1990/1849 reg.2(3). para.7 Drafting. para.8(1) S.I. 1984/176 Sch.6 para.3; S.I. 1986/666 reg.10. para.8(2) S.I. 1984/176 Sch.6 para.3A; S.I. 1986/666 reg.10; S.I. 1990/1849 reg.7(c). para.9 S.I. 1984/176 Sch.6 para.4. para.10 S.I. 1984/176 Sch.6 para.5(1); S.I. 1990/1849 reg.7(d). para.11 S.I. 1984/176 Sch.6 para.5(2); S.I. 1990/1849 reg.7(e). para.12 S.I. 1984/176 Sch.6 para.1(10); S.I. 1990/1849 reg.7(a). para.13(1), (2) S.I. 1984/176 Sch.6 para.6; S.I. 1990/2640 reg.4. para.13(3) S.I. 1984/176 Sch.6 para.7. para.14 S.I. 1990/2640 regs.1 (part), 2(2). para.15 S.I. 1984/176 reg.23A; S.I. 1991/2239 reg.7. Sch. 4 1968 Sch.8A; 1994 Sch.12. Sch. 5 para.1(1) 1968 s.71(6) (part). para.1(2) to (4) 1968 s.71(6) (part); S.I. 1981/1373 Sch. Pt.IIIA. para.1(5) 1968 s.71(6) (part). para.1(6) 1968 ss.71(8), 92(1) (part). para.2 1968 s.81. para.3(1) 1968 s.82(1). para.3(2), (3) 1968 s.82(2). para.3(4) 1968 s.82(3). para.3(5) 1968 s.82(1) (part), (2) (part). para.3(6) 1968 s.82(5) (part). para.3(7) 1968 s.82(8) (part); Road Traffic Act 1991 (c. 40) Sch.4 para.1. para.3(8) 1968 s.82(9) (part). para.4(1) 1968 s.83 (part). para.4(2) 1968 s.83 (part); Powers of Criminal Courts Act 1973 (c. 62) s.30. para.5 Drafting. Schs. 6 to 8
a body approved by the Secretary of State for the purposes of that sub-paragraph; or
“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;
“the 1974 Council Directive” means Community Council Directive No. 74/561/EEC dated 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations, as amended by Community Council Directive No. 89/438/EEC dated 21 June 1989;
For the purposes of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.
“standard licence” has the meaning given in section 3(2);
In this Act references to vehicles being authorised to be used under an operator’s licence are to be read in accordance with section 5.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case where that person is an individual, he is either—
the holder, or one of the joint holders, of an operator’s licence, or
in the employment of a person who carries on a road transport undertaking and that undertaking gives him responsibility for the operation of goods vehicles used under an operator’s licence; or
in a case where that person is a company, either—
the company is the holder of an operator’s licence, or
the company is a subsidiary of the holder of an operator’s licence and goods vehicles used under that licence belong to the company or are in its possession.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The transitional provisions and transitory modifications of this Act contained in Schedule 6 shall have effect.
Without prejudice to the generality of paragraphs 2 to 4 of that Schedule, an existing licence shall continue in force as if it had been issued under this Act, and in this Act or any other enactment, instrument or document, any reference to, or including a reference to, an operator’s licence issued under this Act shall, so far as the nature of the reference permits, be construed as including a reference to an existing licence.
In subsection (2) “existing licence” means any operator’s licence within the meaning of Part V of the Transport Act 1968 which was in force immediately before the commencement of this Act.
The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act).
The enactments and instruments specified in Schedule 8 are repealed or revoked to the extent specified in the third column of that Schedule.
Subject to section 50(2) (which makes provision in relation to the commencement of section 50 and Schedule 5) this Act shall come into force on such day as the Secretary of State may by order appoint.
An order under subsection (1) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of any provision of this Act which reproduces the effect of any provision of the Deregulation and Contracting Out Act 1994 which was not brought into force before the appointed day.
Where any provision of the Deregulation and Contracting Out Act 1994 was brought into force before the appointed day by an order containing transitional provisions or savings in connection with the coming into force of that provision, an order under subsection (1) may contain corresponding transitional provisions or savings in connection with the coming into force of any provision of this Act which reproduces the effect of that provision of that Act.
In subsections (2) and (3) “the appointed day” means the day appointed under subsection (1).
This Act may be cited as the Goods Vehicles (Licensing of Operators) Act 1995.
The amendments specified in Schedule 7 and the repeals and revocations specified in Schedule 8 have the same extent as the enactments and instruments to which they relate.
Subject to subsection (2), this Act does not extend to Northern Ireland.
Section 2.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A goods vehicle falls within this paragraph if it does not form part of a vehicle combination and—
has a relevant plated weight not exceeding 3.5 tonnes, or
if it does not have a relevant plated weight, has an unladen weight not exceeding 1525 kilograms.
A goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle, has a maximum laden weight not exceeding 2.5 tonnes.
A goods vehicle falls within this paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that— In this paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.
A goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle—
has a maximum laden weight not exceeding 3.5 tonnes and
is used only for national transport operations.
A goods vehicle falls within this paragraph if it forms part of an articulated combination which is such that—
in a case where the trailer comprised in the combination has a relevant plated weight, the aggregate of— does not exceed 3.5 tonnes, or
the unladen weight of the motor vehicle comprised in the combination, and
the relevant plated weight of that trailer,
in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed 1525 kilograms.
In any provision of paragraphs 2 to 4 “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations.
Sections 8, 9 and 26.
The information referred to in section 8(4) is the following—
such particulars as the traffic commissioner dealing with the application may require with respect to the purposes for which the vehicles referred to in the statement under section 8(3) are proposed to be used;
particulars of the arrangements for securing that— will be complied with in the case of those vehicles;
Part VI of the Transport Act 1968 (drivers’ hours), and
the applicable Community rules, within the meaning of that Part,
particulars of the arrangements for securing that those vehicles will not be overloaded;
particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;
particulars of any relevant activities carried on, at any time before the making of the application, by any relevant person;
particulars of any notifiable convictions which have occurred during the five years preceding the making of the application;
particulars of the financial resources which are or are likely to be available to the applicant;
particulars of any notifiable fixed penalty notices which have been issued during those five years;
where the applicant is a company, the names of the directors and officers of—
the company, and
any company of which that company is a subsidiary;
where the vehicles referred to in the statement under section 8(3) are proposed to be operated by the applicant in partnership with other persons, the names of those other persons.
In this Schedule “relevant person” means any of the following persons, namely—
the applicant;
any company of which the applicant is or has been a director;
where the applicant is a company, any person who is a director of the company;
where the applicant proposes to operate the vehicles referred to in the statement under section 8(3) in partnership with other persons, any of those other persons;
any company of which any such person as is mentioned in sub-paragraph (c) or (d) is or has been a director; or
where the applicant is a company, any company of which the applicant is a subsidiary.
In paragraph 1(e) “relevant activities” means any of the following—
activities in carrying on any trade or business in the course of which vehicles of any description are operated;
activities as a person employed for the purposes of any such trade or business; or
activities as a director of a company carrying on any such trade or business.
The following are “notifiable convictions”, namely—
any conviction of a relevant person of an offence such as is mentioned in paragraph 5, and
any conviction of a servant or agent of a relevant person of an offence such as is mentioned in sub-paragraph (a), (b), (d), (f), (g), (i) or (j) of that paragraph.
The offences are—
an offence under section 53 of the Road Traffic Act 1988 (plating certificates and goods vehicle test certificates);
an offence committed in relation to a goods vehicle consisting in the contravention of any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—
the maintenance of vehicles in a fit and serviceable condition;
limits of speed and weight laden and unladen, and the loading of goods vehicles; or
the licensing of drivers;
an offence under—
this Act;
Part V of the Transport Act 1968 or section 233 or 235 of the Road Traffic Act 1960 so far as applicable (by virtue of Schedule 10 to the 1968 Act) to licences or means of identification under that Part;
regulation 33(2) or (3) of the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or
any regulation made under this Act or the Transport Act 1968 which is prescribed for the purposes of this paragraph;
an offence under, or of conspiracy to contravene, Part VI of the Transport Act 1968 (drivers’ hours) committed in relation to a goods vehicle;
an offence under, or of conspiracy to contravene, section 13 of the Hydrocarbon Oil Duties Act 1979 (unlawful use of rebated fuel oil) committed in relation to a goods vehicle;
an offence under section 173 or 174 of the Road Traffic Act 1988 (forgery, false statements and withholding of information) committed in relation to an international road haulage permit within the meaning of that Act;
an offence under section 8 of the Haulage Permits and Trailer Registration Act 2018 (offences relating to international road transport permits) ;
an offence under section 74 of the Road Traffic Act 1988 (operator’s duty to inspect, and keep records of inspection of, goods vehicles);
an offence under—
section 3 of the Control of Pollution Act 1974;
section 2 of the Refuse Disposal (Amenity) Act 1978;
regulation 69(1)(a) of the Environmental Authorisations (Scotland) Regulations 2018; or
section 33 of the Environmental Protection Act 1990;
an offence committed in relation to a goods vehicle consisting in the contravention of—
any provision (however expressed) prohibiting or restricting the waiting of vehicles which is contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984, including any such order made by virtue of paragraph 3 of Schedule 9 to that Act (local authority powers to be exercisable also by Secretary of State); or
any provision which is contained in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of section 2(4) of that Act (lorry routes).
an offence under regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007regulation 38(1) or (2) of the Environmental Permitting (England and Wales) Regulations 2010 the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) committed in relation to a waste operation (within the meaning of those Regulations).
In paragraph 5 any reference to an offence under a provision of the Road Traffic Act 1988 includes a reference to an offence under any corresponding provision of the Road Traffic Act 1972 repealed by the Road Traffic (Consequential Provisions) Act 1988. In paragraph 5(j)—
In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—
issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or
issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).
Sections 3A, 8,13A and 27.
In determining whether an individual is of good repute, a traffic commissioner may have regard to any matter but shall, in particular, have regard to— In determining whether a company is of good repute, a traffic commissioner shall have regard to all the material evidence including, in particular— For the purposes of this paragraph, the relevant convictions of any person are— For the purposes of determining in accordance with paragraph 14A whether a transport manager is of good repute, the reference in sub-paragraph (1)(a) to servants or agents is to be disregarded.
Without prejudice to the generality of a traffic commissioner’s power under paragraph 1 to determine that a person is not of good repute, a commissioner shall determine that an individual is not of good repute if that individual has—
more than one conviction of a serious offence; or
been convicted of road transport offences.
A person has a conviction of a “serious offence” if— The punishments are— In sub-paragraph (2)—
“Road transport offence” means—
an offence under the law of any part of the United Kingdom relating to road transport including, in particular—
an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and
any other offence concerning professional liability; or
road and vehicle safety; or
any corresponding offence under the law of a country or territory outside the United Kingdom.
In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph. In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act. In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act. For the purposes of determining under this Act whether a person is of good repute, —
A person has an effective and stable establishment in Great Britain under section 13A(2)(a) if the person satisfies, or will satisfy on the issuing of an operator’s licence, the requirements set out in sub-paragraph (2). The requirements are that the person— In sub-paragraph (2)—
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An operator has appropriate financial standing under section 13A(2)(c) if the operator is able to demonstrate that it has at its disposal at all times capital and reserves— The operator must demonstrate appropriate financial standing— In this paragraph—
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of good repute, and
professionally competent.
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dies,
ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,
ceases to work for the business, or
ceases to be of good repute,
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the holder of a standard licence is a company which has two or more transport managers, and
any of those managers ceases to be of good repute,
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An individual shall be regarded as professionally competent if, and only if— The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State. The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to the 2009 Regulation. The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex 3 to that Regulation and must have security features in compliance with Annex 2 to that Regulation. In sub-paragraph (1)—
“approved body” means—
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for sub-paragraph (1)(a) there shall be substituted—;
sub-paragraph (2) shall be omitted; and
references in sub-paragraph (3) to the 1974 Council Directive shall be construed as references to that Directive as it had effect immediately before it was amended by Community Council Directive No.89/438/EEC dated 21 June 1989.
A traffic commissioner shall not in any proceedings under this Act or under the 2009 Regulation make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice— Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations— A traffic commissioner must hold an inquiry as provided in section 35 if the transport manager requests one under sub-paragraph (1)(d) A notice shall be deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.
A transport manager must be— An individual designated under section 13A(3)(a)(ii), in addition to meeting the requirements set out in sub-paragraph (1), must be— An individual designated under section 13A(3)(b), in addition to meeting the requirements set out in sub-paragraph (1), must— A traffic commissioner may, if the commissioner considers it appropriate, allow an individual to be designated in relation to an operator’s licence despite sub-paragraph (3)(c) provided the individual is designated in relation to no more than four operators’ licences and Northern Ireland-issued licences authorising the use of a combined total fleet of no more than 50 motor vehicles or vehicle combinations. In this paragraph—
In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must , in accordance with paragraph 5(2) (if applicable), consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response. If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager. While a disqualification under sub-paragraph (2) is in force— A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order. The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of. If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.
A traffic commissioner may, subject to sub-paragraphs (1A) and (2), at any time cancel a disqualification order made under paragraph 16(2) or, with the consent of the disqualified person, vary the order. If the disqualification order was made because a traffic commissioner determined that the disqualified person ceased to be of good repute, the order may be cancelled— The traffic commissioner by whom a disqualification order is made under paragraph 16(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied. Measures specified under sub-paragraph (2) may be varied by the traffic commissioner who made the order or another traffic commissioner — Before a variation is made under sub-paragraph (3)(b), a notice must be served on the disqualified person— Where a person makes representations under this sub-paragraph, the traffic commissioner dealing with the matter must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2). The traffic commissioner must hold an inquiry as provided in section 35 if the disqualified person requests one under sub-paragraph (4)(c). A notice shall be deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.
Section 33.
Where in the case of any application for a heavy goods vehicle licence— the traffic commissioner may direct that paragraph 2 is to apply in relation to the application. Each place referred to in the statement under section 8(3) as a proposed operating centre of the applicant must already be specified in a heavy goods vehicle licence as an operating centre of its holder. That licence must be the same in the case of each such place, and no such place may be specified in more than the one heavy goods vehicle licence. Where any conditions under section 21 or 23 relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying for. Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application. In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant. A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time— In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 24.
Where in the case of an application for the variation of a heavy goods vehicle licence under section 17— the traffic commissioner may direct that paragraph 4 is to apply in relation to the application. Each new place that is proposed to be specified in the licence must already be specified in another heavy goods vehicle licence as an operating centre of its holder. That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other heavy goods vehicle licence. Where any conditions under section 21 or 23 relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied. Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application. In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant. A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time— In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 24.
The provisions of this paragraph have effect in relation to any application for the variation of a heavy goods vehicle licence in respect of which a direction has been given under paragraph 3. Sections 17(3) and 18 shall not apply. If the application is granted, the traffic commissioner— If the application is granted, the traffic commissioner shall record in the licence as varied—
In this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.
Section 50.
For the purposes of this Schedule, a large goods vehicle is a goods vehicle, other than a hauling vehicle, falling within any of sub-paragraphs (2) to (4). A goods vehicle falls within this sub-paragraph if— A goods vehicle falls within this sub-paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that— and in this sub-paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms. A goods vehicle falls within this sub-paragraph if it forms part of an articulated combination which is such that— In any provision of sub-paragraphs (2) to (4) “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations. In sub-paragraph (1) “hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination; and in this sub-paragraph “motor tractor”, “light locomotive” and “heavy locomotive” have the same meaning as in the Road Traffic Act 1960.
Subject to sub-paragraph (2), no goods shall be carried on a large goods vehicle unless a document (a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle. Sub-paragraph (1) shall not apply— Subject to the provisions of regulations, a traffic commissioner may dispense with the observance, as respects the carriage of goods under an operator’s licence ..., of any requirement of sub-paragraph (1), where he is satisfied that it is not reasonably practicable for that requirement to be observed. Such a dispensation may be granted— The consignment note relating to the goods carried on a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle for carrying the goods on that journey. Any person who— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
An officer may require any person to produce and permit him to inspect and copy— and that document shall, if the officer so requires by notice in writing served on that person, be produced to a traffic commissioner at an office specified in the notice within such time (not being less than 10 days) from the service of the notice as may be so specified. An officer may at any time enter any large goods vehicle and inspect that vehicle and any goods carried on it. Where an officer has reason to believe— he may, at any time which is reasonable having regard to the circumstances of the case, enter those premises and inspect any such vehicle, and inspect and copy any such document, which he finds there. For the purpose of exercising his powers under sub-paragraph (1)(a) or (2), an officer may detain the vehicle in question during such time as is required for the exercise of that power. The powers conferred by sub-paragraphs (1) to (4) are exercisable on production by the officer, if so required, of his authority. Any person who— is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. In this paragraph “officer” has meaning given in section 42(1) (as amended by paragraph 5 below). The powers conferred by this paragraph on an officer shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.
Any person who— is guilty of an offence. A person guilty of an offence under sub-paragraph (1) is liable—
The following amendments shall take effect on the day appointed for the coming into force of paragraph 3, namely, in sections 38(2)(c) and 42(1)(b), after the words “sections 40 and 41” there shall be inserted the words “ and paragraph 3 of Schedule 5 ”. The following amendments shall take effect on the day appointed for the coming into force of paragraph 4, namely, in section 41(1) and (2)(b), after the words “section 38 or 39” there shall be inserted the words “ or paragraph 4(1) of Schedule 5 ”.
Section 59.
The substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.
In so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.
Any reference (express or implied) in this Act or any other enactment, instrument or document to— shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
any provision of this Act, or
things done or falling to be done under or for the purposes of any provision of this Act,
Any reference (express or implied) in any enactment, instrument or document to— shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
a provision repealed or revoked by this Act, or
things done or falling to be done under or for the purposes of such a provision,
Paragraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the Interpretation Act 1978 (but without prejudice to any other provision of that Act).
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in paragraph (b), until 1st April 1996, for the words from “the council” onwards there shall be substituted the words “the council of a county or district”; and
in paragraph (c), until 1st April 1996, for the words from “a council” onwards, there shall be substituted the words “a regional, islands or district council”.
For the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the Companies Act 1985 as originally enacted.
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For the purposes of this Act, beginning with 17th March 2022 —
any application for an operator’s licence made to a traffic commissioner under section 8 before 17th March 2022 is to be treated by the commissioner as an application for a heavy goods vehicle licence;
any objection to, or representations against, the grant of an application for an operator’s licence made to a traffic commissioner under section 12 before 17th March 2022 is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a heavy goods vehicle licence;
an operator’s licence issued under section 15 before 17th March 2022 is to be treated as a heavy goods vehicle licence;
any application for a variation of an operator’s licence made to a traffic commissioner under section 17 before 17th March 2022 is to be treated by the commissioner as an application for a variation of a heavy goods vehicle licence;
any objection to, or representations against, the grant of an application for a variation of an operator’s licence made to a traffic commissioner under section 19 before 17th March 2022 is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a variation of a heavy goods vehicle licence;
any request for an interim operator’s licence made under section 24 before 17th March 2022 is to be treated as a request for an interim heavy goods vehicle licence;
any interim operator’s licence issued under section 24 before 17th March 2022 is to be treated as an interim heavy goods vehicle licence.
For the purposes of this Act ..., an individual who before 17th March 2022 was designated a transport manager under section 13A(3)—
in accordance with Article 4(1) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(a)(ii) ..., or
in accordance with Article 4(2) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(b) ....
Paragraphs 12 to 18 apply for the purposes of applying for, or holding, a light goods vehicle licence.
The Secretary of State may exempt an individual until the end of 20th May 2025 from the requirement under section 13A(3)(a)(i) or paragraph 14A(1)(c) of Schedule 3 to be professionally competent if the Secretary of State is satisfied that the individual had, for ten years or more ending with 20th August 2020, continuously managed national or international transport operations as, for or on behalf of an undertaking that used only light goods vehicles.
An individual, or a person acting on behalf of an individual, may, on or before 20th May 2024, apply to the Secretary of State for an exemption.
An individual (or person) who applies for an exemption must provide the Secretary of State with the information necessary for the Secretary of State to verify the individual’s management experience.
The Secretary of State may, beginning with the day after the day on which the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 were made, treat as an application any information submitted to the Secretary of State by an individual, or a person acting on behalf of an individual, before that day.
If the Secretary of State decides not to grant an exemption—
the applicant may appeal the decision to a traffic commissioner within 28 days beginning with the day after the date the decision is made, and
the traffic commissioner must, within 56 days beginning with the day after the date the appeal is made, confirm or reverse the decision.
A traffic commissioner may consider as part of deciding an appeal any relevant information not provided by the applicant to the Secretary of State.
Despite paragraph 13 of Schedule 3, a traffic commissioner must regard as professionally competent until the end of 20th May 2025 any individual who is granted an exemption—
by the Secretary of State, or
following the reversal by a traffic commissioner of a decision by the Secretary of State not to grant an exemption.
Paragraphs 11 to 18 and this paragraph expire at the end of 20th May 2025.
Section 60(1).
In section 232 of the Road Traffic Act 1960 (duty to give information as to identity of driver), for subsection (1)(b) there shall be substituted—.
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In section 51 of the Transport Act 1968 (subsidiaries and joint subsidiaries), in subsection (5), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.
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In section 4 of the Road Traffic (Foreign Vehicles) Act 1972 (duty to produce certain documents), in subsection (1)—
In Schedule 2 to that Act (provisions relating to vehicles and their drivers), in the first column—
for the words “Section 60 of the Transport Act 1968” there shall be substituted the words “ Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 ”; and
for the words “section 91(1)(c) of the Transport Act 1968” there shall be substituted the words “ section 57(2)(d) of the Goods Vehicles (Licensing of Operators) Act 1995 ”.
In section 1 of the International Road Haulage Permits Act 1975 (duty to carry and produce international road haulage permits), in subsection (8), for the words “Part V of the Transport Act 1968” there shall be substituted the words “ the Goods Vehicles (Licensing of Operators) Act 1995 ”.
In section 8 of the Transport Act 1982 (private-sector vehicle testing), in subsection (2)(a), after “1968” there shall be inserted the words “ or the Goods Vehicles (Licensing of Operators) Act 1995 ”.
In section 62 of the London Regional Transport Act 1984 (joint subsidiaries), in subsection (3)(a), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.
In Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in paragraph 9(1), the words “Part V of the 1968 Act,” shall be omitted and after the words “the 1981 Act” there shall be inserted the words “ , the Goods Vehicles (Licensing of Operators) Act 1995 ”.
In section 66A of the Road Traffic Act 1988 (appointment of examiners), in subsection (1), after the words “this Part of this Act,” there shall be inserted the words “ the Goods Vehicles (Licensing of Operators) Act 1995, ”.
In section 73 of that Act (provisions supplementary to sections 69 to 72), in subsection (1)— In that section, after subsection (1), there shall be inserted—. In subsection (4) of that section, for the words from “and section 72” to “Transport Act 1968” there shall be substituted the words “ ”operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995 ”.
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Section 60(2).
Chapter Short title Extent of repeal 8 & 9 Eliz. 2 c. 16. The Road Traffic Act 1960. Section 233. Section 235. In section 244, the words from “under section 233” to the second occurrence of the words “or an offence”. Section 263. Section 265. 1968 c. 73. The Transport Act 1968. Part V. In section 158(1), the words “other than Part V”. Schedule 8A. Schedule 10. 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 18, paragraph 18. 1974 c. 50. The Road Traffic Act 1974. Section 16. Schedule 4. 1975 c. 46. The International Road Haulage Permits Act 1975. Section 3. 1976 c. 3. The Road Traffic (Drivers’ Ages and Hours of Work) Act 1976. Section 2(2). 1979 c. 5. The Hydrocarbon Oil Duties Act 1979. In Schedule 6, paragraph 2. 1980 c. 34. The Transport Act 1980. Section 66(2). In Schedule 4, the entry relating to section 235 of the Road Traffic Act 1960. 1981 c. 14. The Public Passenger Vehicles Act 1981. In Schedule 7, paragraph 9. 1981 c. 45. The Forgery and Counterfeiting Act 1981. In section 12, the words “section 233(2) of the Road Traffic Act 1960, and”. 1982 c. 49. The Transport Act 1982. Section 52. Section 76(5). Schedule 4. In Schedule 5, paragraph 6. 1984 c. 27. The Road Traffic Regulation Act 1984. In Schedule 13, paragraph 6. 1985 c. 9. The Companies Consolidation (Consequential Provisions) Act 1985. In Schedule 2, the entries relating to sections 69(11) and 92(1) of the Transport Act 1968. 1985 c. 65. The Insolvency Act 1985. In Schedule 8, paragraph 16. 1985 c. 67. The Transport Act 1985. Section 3(4). In Schedule 4, in paragraph 9(1), the words “Part V of the 1968 Act”. 1988 c. 52. The Road Traffic Act 1988. In section 85, the definition of “licensing authority”. In section 86, the entry relating to the expression “licensing authority”. 1988 c. 54. The Road Traffic (Consequential Provisions) Act 1988. In Schedule 3, paragraphs 2(1) and 6(1), (2) and (4). 1989 c. 40. The Companies Act 1989. In Schedule 18, paragraph 7. 1990 c. 11. The Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraph 22(1). 1990 c. 43. The Environmental Protection Act 1990. In Schedule 15, paragraph 10(2). 1991 c. 40. The Road Traffic Act 1991. In Schedule 4, paragraph 1. 1992 c. 52. The Trade Union and Labour Relations (Consolidation) Act 1992. In Schedule 2, paragraph 2. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. In Schedule 13, paragraph 80(8). 1994 c. 40. The Deregulation and Contracting Out Act 1994. Chapter III of Part I. Schedule 12. Schedule 13.
Year and number Title Extent of Revocation S.I. 1981/1373. The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) Regulations 1981. Regulation 4(1) and in the Schedule, Part IIIA. S.I. 1984/176. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984. Regulations 4 to 9. Regulation 23A. Regulation 33(2) and (3). Regulation 34A. Regulation 36. Schedule 6. S.I. 1984/177. The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967, and Transport Act 1968 (Metrication) (Amendment) Regulations 1984. Both Regulations. S.I. 1986/666. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1986. Regulations 3, 8 and 10. S.I. 1987/841. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1987. Regulation 5. S.I. 1990/1849. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1990. Regulations 2(3), 4, 6 and 7. S.I. 1990/2640. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1990. Regulation 4. S.I. 1991/2239. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) (No.2) Regulations 1991. Regulations 4 and 7. S.I. 1992/2319. The Goods Vehicles (Operators’ Licences, Qualifications and Fees) (Amendment) Regulations 1992. Regulation 4. S.I. 1992/3077. The Goods Vehicles (Community Authorisations) Regulations 1992. Regulation 14.
In this Schedule— Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of “owner” as regards a goods vehicle. Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a motor vehicle at a particular time shall be taken to be—
Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 2, he may detain the vehicle and its contents. Regulations made by virtue of sub-paragraph (1) may not authorise a person other than a constable in uniform to stop a vehicle on any road.
Regulations may make provision with respect to property detained by virtue of paragraph 2.
Regulations may provide that an authorised person may, before a goods vehicle is removed by virtue of paragraph 6— Regulations may also provide—
Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction. Regulations may provide that a person may be specified in a direction only if— and the arrangements may include the payment of a sum to a person into whose custody any property is delivered. Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.
Regulations may make provision for informing persons who may be entitled to the property that it has been detained. Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—
Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.
Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to a traffic commissioner for the return of the vehicle. Regulations may, in particular— Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle. Those grounds may include the following grounds—
Regulations shall make provision— Regulations shall also provide that, if no hearing is held, the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received . Regulations shall provide that—
Regulations shall provide for an appeal to the Upper Tribunal against the determination of the traffic commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may provide that, if no application is made to a traffic commissioner in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.
Regulations may provide that the person specified in a direction by virtue of paragraph 6(1) may retain custody of the contents of a goods vehicle until— Regulations may also make provision as to— The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless—
Regulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 6(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.
Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b)— Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—
Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 13 or 15. Provision made by virtue of sub-paragraph (1) may in particular provide— Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) shall be made by way of summary application.
Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of his powers under regulations made by virtue of paragraph 2 or 6 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Regulations may provide that where— he is guilty of an offence. Regulations may provide that a person guilty of such an offence is liable—