Implementation of the Istanbul Protocol principles – Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment in the Kyrgyz Republic
Subject to the provisions of this section, in this Act “public service vehicle” means a motor vehicle (other than a tramcar) which—
being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or
being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.
For the purposes of subsection (1) above a vehicle “is used” as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.
A vehicle carrying passengers at separate fares in the course of a business of carrying passengers, but doing so in circumstances in which the conditions set out in Part I, . . . or III of Schedule 1 to this Act are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.
For the purposes of this section a journey made by a vehicle in the course of which one or more passengers are carried at separate fares shall not be treated as made in the course of a business of carrying passengers if— and for the purposes of paragraph (a) above the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.
the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey; and
the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began;
For the purposes of this section, . . . and Schedule 1 to this Act—
a vehicle is to be treated as carrying passengers for hire or reward if payment is made for, or for matters which include, the carrying of passengers, irrespective of the person to whom the payment is made and, in the case of a transaction effected by or on behalf of a member of any association of persons (whether incorporated or not) on the one hand and the association or another member thereof on the other hand, notwithstanding any rule of law as to such transactions;
a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;
a payment shall be treated as made for the carrying of a passenger if made in consideration of a person’s being given a right to be carried, whether for one or more journeys and whether or not the right is exercised.
Where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of subsection (5) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator’s control, part of that journey may be made by road.
For the purposes of this Act— and references in this Act to use as a stage, express or contract carriage shall be construed accordingly.
a "stage carriage" is a public service vehicle being used in the operation of a local service;
an " express carriage " is a public service vehicle being used in the operation of an express service; and
a " contract carriage " is a public service vehicle being used to carry passengers otherwise than at separate fares;
In this section—
"local service" means a service for the carriage of passengers by road at separate fares, not being an express service;
" express service " means a service for the carriage of passengers by road at separate fares, being a service as regards which the conditions specified in subsection (3) below are satisfied.
The conditions referred to in subsection (2)(b) above are—
except in the case of an emergency, either of the following requirements as to length of journey is satisfied in respect of every passenger using the service, namely—
the place where he is set down is thirty miles or more, measured in a straight line, from the place where he was taken up; or
some point on the route between those places is thirty miles or more, measured in a straight line, from either of those places; and
either—
the service is an excursion or tour; or
the prescribed particulars of the service (including the route and the timetable) and of every change of any prescribed kind made in the service have, not later than the prescribed time for doing so, been notified in the prescribed manner to the traffic commissioners in whose area the place specified in the notification as the beginning of the route is situated.
Where, in the case of any service for the carriage of passengers by road at separate fares, the condition specified in subsection (3)(a) above is satisfied as regards any part of the service taken in isolation, but not as regards the service as a whole—
that; part of the service shall be treated for the purposes of subsections (2)(b) and (3) above as a separate service (and will accordingly be an express service if the condition specified in subsection (3)(b) is satisfied as regards it); and
any part of the service which is not an express service by virtue of the preceding paragraph shall be treated for the purposes of this section as a separate local service.
A public service vehicle carrying passengers at separate fares shall be treated as a contract carriage, and not as a stage carriage or an express carriage, when used in circumstances in which the conditions set out in Part II or III of Schedule 1 to this Act are fulfilled.
For the purposes of this Act Great Britain shall be divided into the Metropolitan, Northern, Yorkshire, North-Western, West Midland, East Midland, Eastern, South Wales, Western, South-Eastern and Scottish Traffic Areas.
The Secretry of State may from time to time by order vary the provisions of this Act constituting traffic areas, either by altering the limits of an existing traffic area or by increasing or reducing the number of traffic areas or otherwise as he may think fit.
The power to make an order under subsection (2) above includes power to make— as the Secretary of State may consider necessary or expedient for the purpose of, or in consequence of, or for giving full effect to, any order under that subsection for varying the number or limits of traffic areas in England and Wales.
such incidental, consequential, supplemental or transitional provision, and
such savings,
An order under this section for varying the number or limits of traffic areas may contain such consequential and incidental provisions as appear to the Secretary of State to be necessary or expedient in consequence of the variations of areas to be affected by the order, including provisions— in relation to any traffic area abolished or changed.
as to the effect of licences previously issued, and consents previously given, by a traffic commissioner;
as to the effect of applications for licences or consents previously made to a traffic commissioner;
as to the continuance of appeals pending against decisions of a traffic commissioner; and
as to the recovery of any sums due to a traffic commissioner,
The power conferred by subsection (2A) above includes power to amend or modify any provision of this Act or any other enactment (whenever passed or made) for the purpose of making any such provision or savings.
The power to make orders conferred by this section shall be exercisable by statutory instrument which shall be laid before Parliament after being made, and an order under this section shall not have effect unless and until it has been approved by a resolution of each House of Parliament.
The powers conferred by subsections (2A) and (2B) above are without prejudice to what may be done under subsection (3) below.
For the purposes of this Act there shall be—
such number of commissioners for England and Wales as the Secretary of State may consider appropriate; and
a single commissioner for the Scottish Traffic Area (the “Scottish traffic commissioner”).
The commissioners shall be appointed by the Secretary of State and shall be known as traffic commissioners.
A traffic commissioner shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment.
A traffic commissioner for England and Wales—
may exercise the functions of a traffic commissioner in any traffic area in England and Wales; and
may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998.
Any person appointed to be a traffic commissioner shall—
act under the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner; and
vacate his office on attaining the age of 75, but otherwise hold office during Her Majesty’s pleasure.
The Scottish traffic commissioner—
is to exercise the functions of a traffic commissioner in relation to the Scottish Traffic Area; and
may exercise in relation to any traffic area in England and Wales any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998.
Where the Secretary of State proposes to appoint a person to be a traffic commissioner he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain.
Schedule 2 to this Act shall have effect with respect to traffic commissioners.
One of the traffic commissioners shall be appointed by the Secretary of State to be the senior traffic commissioner.
The senior traffic commissioner shall have such functions as may be conferred or imposed by or under any of the following enactments— or any other provision of this Act or any other enactment.
section 4B below (deployment of traffic commissioners),
section 4C below (guidance and general directions),
The senior traffic commissioner—
shall hold office for such period as the Secretary of State specifies when making the appointment; but
ceases to hold that office on ceasing to hold office as a traffic commissioner.
A traffic commissioner who has been the senior traffic commissioner is eligible for re-appointment as the senior traffic commissioner.
In the case of illness, incapacity or absence of the senior traffic commissioner, the Secretary of State may appoint another traffic commissioner to act as deputy for the senior traffic commissioner.
Where the office of senior traffic commissioner becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as senior traffic commissioner pending the appointment of a new senior traffic commissioner.
Any person appointed under subsection (6) above shall—
hold office for such period as the Secretary of State specifies when making the appointment; and
during that period be treated for all purposes as the senior traffic commissioner.
Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed.
Where a traffic commissioner publishes information under this section he shall—
send a copy of the publication—
to every chief officer of police, Passenger Transport Executive and local authority whose area the traffic commissioner considers may be affected by the information; and
if the traffic commissioner considers that the information may affect Greater London, to Transport for London; and
make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one.
In this section “local authority” means—
in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and
in Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
the third shall be appointed by the Secretary of State from a panel of persons nominated by such of the following councils, namely in England and Wales district councils, London borough councils and the Common Council of the City of London and in Scotland district councils, as are councils whose area is wholly or partly comprised in the traffic area.
Provision shall be made by regulations as to the arrangements for constituting the panels mentioned in subsection (3) above.
The chairman of the traffic commissioners shall hold office during Her Majesty's pleasure, and shall be required to devote the whole of his time to the duties of his office.
The chairman of the traffic commissioners shall vacate his office on attaining the age of seventy.
The provisions of Schedule 2 to this Act shall have effect with respect to the traffic commissioners.
In this section—
subsections (2) to (4) confer powers on the senior traffic commissioner in relation to traffic commissioners and deputy traffic commissioners for England and Wales; and
subsections (5) to (7) confer powers on the senior traffic commissioner in relation to the Scottish traffic commissioner and any deputy traffic commissioners for the Scottish traffic area.
The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of the functions of traffic commissioner for England and Wales as the senior traffic commissioner may determine— as the senior traffic commissioner may determine.
in relation to such matters relating to England and Wales, or
as respects Scotland, in relation to such reserved matters,
The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of those functions as the senior traffic commissioner may determine at such places— as the senior traffic commissioner may determine.
in England and Wales, or
in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,
Subsections (2) and (3) above also apply in relation to a deputy traffic commissioner for England and Wales as they apply in relation to a traffic commissioner for England and Wales, construing the references to functions accordingly.
The senior traffic commissioner may require the Scottish traffic commissioner to carry out as respects England and Wales such of the functions exercisable by the Scottish traffic commissioner in relation to reserved matters by virtue of section 4(3B)(b) of this Act as the senior traffic commissioner may determine.
The senior traffic commissioner may require the Scottish traffic commissioner to carry out such of those functions as the senior traffic commissioner may determine at such places in England and Wales as the senior traffic commissioner may determine.
Subsections (5) and (6) above also apply in relation to a deputy traffic commissioner for the Scottish Traffic Area as they apply in relation to the Scottish traffic commissioner, construing the references to functions accordingly.
In this section—
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997;
The senior traffic commissioner may give to the traffic commissioners— as to the exercise of their functions under any enactment. This subsection is subject, in relation to Scotland, to subsection (5) below and, in relation to Wales, to subsection (6) below.
guidance, or
general directions,
The guidance that may be given under subsection (1)(a) above includes guidance as to—
the meaning and operation of any enactment or instrument relevant to the functions of traffic commissioners;
the circumstances in which, and the manner in which, a traffic commissioner should exercise any power to impose any sanction or penalty;
matters which a traffic commissioner should or should not take into account when exercising any particular function.
The directions that may be given under subsection (1)(b) above include directions as to—
the circumstances in which, and the manner in which, officers or servants of a traffic commissioner may exercise any function for or on behalf of the traffic commissioner, and any conditions which such officers or servants must meet before they may do so;
the information which a traffic commissioner must ask to be supplied in connection with the exercise of any particular function, and the steps which must be taken to verify the accuracy of any information so supplied;
the procedure to be adopted in conducting inquiries under section 54 of this Act, section 35 of the Goods Vehicles (Licensing of Operators) Act 1995 or any other enactment;
the manner in which a traffic commissioner must or may publish his decisions;
circumstances in which a traffic commissioner must consult some, or all, of the other traffic commissioners before exercising any particular function.
The senior traffic commissioner must consult each of the following persons before giving any guidance or directions under subsection (1) above— and such other persons as the senior traffic commissioner considers appropriate.
the Secretary of State;
the Scottish Ministers, if the senior traffic commissioner considers it appropriate;
the Welsh Ministers, if the senior traffic commissioner considers it appropriate;
such of the other traffic commissioners as the senior traffic commissioner considers appropriate;
such organisations representative of the interests of local government, of London government, of Integrated Transport Authorities , of combined authorities established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, of combined county authorities established under section 9(1) of the Levelling-up and Regeneration Act 2023 and of Passenger Transport Executives as the senior traffic commissioner considers appropriate;
such organisations representative of the interests of users of public passenger transport services as the senior traffic commissioner considers appropriate;
such organisations representative of passenger transport operators, and of road haulage operators, as the senior traffic commissioner considers appropriate;
The only guidance or directions under this section which the senior traffic commissioner may give to the Scottish traffic commissioner are guidance or directions as to the exercise of functions that relate to reserved matters within the meaning of the Scotland Act 1998.
The senior traffic commissioner may not give guidance or directions under this section as to the exercise of a function so far as the function could (apart from paragraph 8 of Schedule 7B to the Government of Wales Act 2006) be conferred or imposed by provision falling within the legislative competence of the National Assembly for Wales.
The Secretary of State may give the senior traffic commissioner guidance as to the exercise of any of the senior traffic commissioner's functions.
The senior traffic commissioner must have regard to any guidance given under subsection (1) above.
Subject to subsection (1ZA) below, A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—
an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector has issued a certificate (in this Act referred to as a “certificate of initial fitness”) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle; or
a certificate under section 10 of this Act has been issued in respect of the vehicle; or
one of the following certificates has effect with respect to the vehicle―
a GB certificate of conformity;
a relevant certificate of conformity;
a ... small series certificate of conformity;
an individual approval certificate.
In the case of a public service vehicle to which subsection (1ZB) below applies, subsection (1) above has effect as if paragraphs (a) and (b) of that subsection were omitted.
Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
This subsection applies to any public service vehicle which, by virtue of regulation 21 of the Approval Regulations, may not— unless one of the certificates mentioned in paragraph (d) of subsection (1) above has effect with respect to the vehicle.
be granted a first licence under section 21 of the Vehicle Excise and Registration Act 1994, or
be registered before the issue of a first licence under that section,
Without prejudice to the powers of the Secretary of State under section 7 of this Act in relation to the exercise by certifying officers of their functions, regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.
In this section—
“stopping place” has the same meaning as in the Transport Act 1985.
For the purpose of the provisions of this Act with respect to the certification of fitness of vehicles, the Secretary of State may with the approval of the Minister for the Civil Service, appoint such officers (in this Act referred to as "certifying officers ") as he thinks fit, and those officers shall perform such duties in relation to the examination of vehicles, the issue of certificates of initial fitness and otherwise, as the Minister may require.
The Secretary of State may, with the approval of the Minister for the Civil Service, appoint as public service vehicle examiners such persons as he considers necessary for the purpose of the inspection of public service vehicles within the several traffic areas and for the purpose of the discharge of such other duties as he considers can conveniently be discharged by persons acting as such examiners, and for that purpose may, with the concurrence of the Secretary of State concerned, make arrangements with any police authority for the appointment of members of their police force for this purpose.
A certifying officer or public service vehicle examiner shall, in exercising any of the functions of such an officer or examiner, act under the general directions of the Secretary of State.
There shall be paid to or in respect of certifying officers and public service vehicle examiners such remuneration and such salaries or allowances, if any, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine.
—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A certifying officer or public service vehicle examiner, on production if so required of his authority—
may at any time inspect any public service vehicle, and for that purpose—
may enter the vehicle; and
may detain the vehicle during such time as is required for the inspection;
may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that there is a public service vehicle.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may— and in this Act “official PSV testing station” means a station provided, or any premises for the time being designated, under this subsection.
provide and maintain stations where inspections of public service vehicles . . . may be carried out;
designate premises as stations where such inspections may be carried out; and
provide and maintain apparatus for the carrying out of such inspections;
If on any inspection of a public service vehicle it appears to a certifying officer or public service vehicle examiner that owing to any defects therein the vehicle is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road either—
absolutely; or
for one or more specified purposes ; or
except for one or more specified purposes.
A prohibition under subsection (1) above may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station.
Where a certifying officer or examiner prohibits the driving of a vehicle under subsection (1) above, he shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—
specifying the defects which occasioned the prohibition ;
stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and
stating whether the prohibition is to come into force immediately or at the end of a specified period.
If the person to whom written notice of a prohibition is given under subsection (3) above as being the person in charge of the vehicle at the time of the inspection is not— the officer or examiner shall as soon as practicable take steps to bring the contents of the notice to the attention of the said operator or owner.
the operator of the vehicle; or
if there is no operator at that time, the owner of the vehicle,
If, in the opinion of the certifying officer or examiner concerned, the defects in the vehicle in question are such that driving it, or driving it for any purpose prohibited by the notice given to the person in charge of it, would involve danger to the driver or to passengers or other members of the public, the prohibition under subsection (1) above with respect to the vehicle shall come into force as soon as that notice has been given.
In any other case a prohibition under subsection (1) above shall come into force at such time not later than ten days from the date of the inspection as seems appropriate to the certifying officer or examiner having regard to all the circumstances.
Where a notice has been given under subsection (3) above, any certifying officer or public service vehicle examiner may—
grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose or purposes as may be specified in the exemption ;
by endorsement on the notice vary its terms and, in particular—
alter the time at which the prohibition is to come into force, or suspend it if it has come into force; or
cancel a direction under subsection (2) above with which the prohibition was imposed.
Subject to any subsisting direction under subsection (2) above, a prohibition under subsection (1) above with respect to any vehicle may be removed by any certifying officer or public service vehicle examiner if he is satisfied that the vehicle is fit for service; and a person aggrieved by the refusal of a public service vehicle examiner to remove a prohibition may make an application to the traffic commissioners for any area to have the vehicle inspected by a certifying officer and, where such an application is made, the certifying officer to whom the matter is referred by the commissioners shall, if he considers that the vehicle is fit for service, remove the prohibition.
Except in such cases as may be prescribed, a person who— shall be liable on summary conviction to a fine not exceeding £1,000.
knowingly drives a vehicle in contravention of a prohibition under subsection (1) above; or
subject to section 68(3) of this Act, causes or permits a vehicle to be driven in contravention of such a prohibition,
Where the Secretary of State is satisfied in respect of one vehicle of a particular type that the prescribed conditions as to fitness are fulfilled in respect of the vehicle he may, on payment of the prescribed fee, approve the vehicle as a type vehicle.
Where a type vehicle has been approved under this section and a declaration in the prescribed form has been made by a person authorised by the Secretary of State in that behalf that any other vehicle conforms in design, construction and equipment with the type vehicle, an examiner appointed under section 66A of the Road Traffic Act 1988 may, after examining if he thinks fit that other vehicle, issue a certificate in the prescribed form that the vehicle conforms to the type vehicle.
The Secretary of State may at any time withdraw his approval of a type vehicle and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 6 of this Act.
Section 8 of this Act shall apply, . . ., to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where it appears to the Secretary of State expedient to do so for the purpose of the making of tests or trials of a vehicle or its equipment, he may by order made in respect of that vehicle for the purposes of section 6 of this Act dispense with such of the prescribed conditions as to fitness referred to in subsection (1)(a) of that section as are specified in the order.
While such an order is in force in respect of a vehicle, section 6 of this Act shall have effect in relation to the vehicle as if the prescribed conditions as to fitness referred to in subsection (1)(a) of that section did not include such of those conditions as are dispensed with by the order.
An order under this section shall specify the period for which it is to continue in force, and may contain, or authorise the imposition of, requirements, restrictions or prohibitions relating to the construction, equipment or use of the vehicle to which the order relates.
Where an order under this section in respect of a vehicle is revoked or otherwise ceases to have effect, any certificate of initial fitness issued under section 6 of this Act in respect of the vehicle while the order was in force shall, for the purposes of that section as regards any use of the vehicle after the order has ceased to have effect, be deemed never to have been issued.
A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator’s licence granted in accordance with the following provisions of this Part of this Act.
Subsection (1) applies in spite of Article 1.4(b) and (c) of the 2009 Regulation (exemptions unless otherwise provided in national law for certain undertakings engaged in road passenger transport services and for slow vehicles), but is subject to section 46 of this Act and section 18 of the Transport Act 1985
The authority having power to grant a PSV operator’s licence is a traffic commissioner.
A person may hold two or more PSV operator’s licences but shall not at the same time hold more than one such licence in relation to the same traffic area.
An application for a PSV operator’s licence shall be made in such a form as a traffic commissioner may require, and an applicant shall give the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for disposing of the application.
Subject to the provisions of this Part of this Act, a PSV operator’s licence authorises the holder to use anywhere in Great Britain a vehicle which has as its operating centre an operating centre specified in the licence.
Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect.
A PSV operator’s licence may be either a standard licence or a restricted licence.
A standard licence authorises the use of any description of public service vehicle and may authorise use either—
on both national and international operations; or
on national operations only.
A restricted licence authorises the use (whether on national or international operations) of—
public service vehicles not adapted to carry more than eight passengers; and
public service vehicles not adapted to carry more than sixteen passengers when used—
otherwise than in the course of a business of carrying passengers; or
otherwise than in the course of a business of carrying passengers; or
by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers.
by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers.
For the purposes of subsection (3)(b)(i) above, a vehicle used for carrying passengers by a local or public authority shall not be regarded as used in the course of a business of carrying passengers unless it is used by the public service vehicle undertaking of that authority.
Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV 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 12(1) or 18(1).
In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
On an application for a standard licence a traffic commissioner must consider whether the requirements of sections 14ZA and 14ZC are satisfied.
the requirement to be of good repute;
the requirement to be of appropriate financial standing; and
the requirement as to professional competence ;
On an application for a restricted licence a traffic commissioner must consider whether the requirements of sections 14ZB and 14ZC are satisfied.
If on an application for a PSV operator’s licence the traffic commissioner determines that the relevant requirements mentioned in subsection (1) or (2) are satisfied the commissioner must, subject to section 16 (conditions attached to licences), grant the licence in accordance with the application.
that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and
that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.
If on an application for a PSV operator's licence the traffic commissioners determine that the relevant requirements mentioned in subsection (1) above and the further requirements mentioned in subsection (3) above are satisfied they shall, subject to the provisions of sections 15 and 16 of this Act, grant the licence in accordance with the application.
There shall be specified in every PSV operator’s licence the date on which the licence is to come into force .
Subject to its revocation or other termination under any provision of this Act or another statutory provision, a PSV operator’s licence shall continue in force indefinitely.
If the holder of a PSV operator’s licence requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must, subject to subsection (4) below, comply with the request.
A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner is considering taking action in respect of the licence under section 17(1) or (2) of this Act.
Subject to subsection (1A) below and section 12(7) of the Transport Act 1985 A traffic commissioner on granting a PSV operator’s licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the traffic area to which that licence relates ) which the holder of the licence may at any one time use under the licence.
In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.
Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.
A traffic commissioner may attach to a PSV operator’s licence (whether at the time when the licence is granted or at any later time) such conditions or additional conditions as he thinks fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.
Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator’s licence may stop to take up or set down passengers.
At any time while a PSV operator’s licence is in force, a traffic commissioner may vary the licence by—
altering in such manner as he thinks fit any condition attached under subsection (3) above to the licence; or
removing any condition so attached to the licence.
On the application of the holder of a PSV operator’s licence, a traffic commissioner may at any time while it is in force— and a person making an application under this subsection shall give to the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for the discharge of duties of a traffic commissioner in relation to the application.
vary the conditions attached under subsection (1) above to the licence; . . .
exercise his powers (whether of alteration or removal) under subsection (5) above; or
vary or remove any undertaking recorded in the licence;
Subject to section 68(3) of this Act, if a condition attached to a PSV operator’s licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In considering whether to grant an application under subsection (6) above, a 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.
Compliance with any condition attached to a PSV operator’s licence . . . (other than a condition so attached under subsection (1A) above) may be temporarily dispensed with by a traffic commissioner if he is satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.
In any case where a traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.
It is hereby declared that the conditions attached under subsection (1) or (1A) above to a PSV operator’s licence granted in relation to a traffic area do not affect the use by the holder of the licence of a vehicle—
under a PSV operator’s licence granted to the holder of that licence in relation to any other traffic area;
in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).
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 Article 5 of the 2009 Regulation),
is of good repute (as determined in accordance with paragraph 1 of Schedule 3),
has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and
is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).
The second requirement is that the traffic commissioner is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—
is of good repute (as determined in accordance with paragraph 1 of Schedule 3),
is professionally competent (as determined in accordance with paragraph 6 of Schedule 3), and
in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—
is not prohibited from being so designated by a traffic commissioner, and
is not designated to act as transport manager for a greater number of road transport operators or in respect of a greater number of vehicles than the traffic commissioner considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the commissioner considers appropriate (see Article 4.3 of the 2009 Regulation).
A traffic commissioner must revoke a standard licence if it appears to the commissioner at any time that—
the holder no longer satisfies the requirements of section 14ZA(2), or
the transport manager designated in accordance with Article 4 of the 2009 Regulation no longer satisfies the requirements of section 14ZA(3).
Before revoking a standard licence under subsection (1), the traffic commissioner may serve on the holder a notice setting a time limit, in accordance with Article 13.1 of the 2009 Regulation, for the holder to rectify the situation.
Without prejudice to subsection (1) above, a traffic commissioner may, on any of the grounds specified in subsection (3) below, at any time—
revoke a PSV operator’s licence;
suspend such a licence for such period as he directs;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
vary any condition attached under subsection (1) of section 16 of this Act to such a licence, or attach to such a licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.
If the holder rectifies the situation within the time limit set under subsection (1A), the traffic commissioner must not revoke the licence
The grounds for action under subsection (2) above are—
that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of ... expectation which has not been fulfilled;
that any undertaking recorded in the licence has not been fulfilled;
that there has been a contravention of any condition attached to the licence;
that a prohibition under section 69 of the Road Traffic Act 1988 has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition;
in the case of a restricted licence, that the holder no longer satisfies the requirements of section 14ZB;
that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence.
the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators’ licences should be liable to be revoked, suspended, etc.) has effect
A traffic commissioner shall not take any action under subsection (1) or (2) above in respect of any licence without first holding an inquiry if the holder of the licence requests that an inquiry be held.
Where a traffic commissioner decides to revoke a licence under this section, he may direct that the revocation shall not take effect for such period as appears to him reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
Where a licence is suspended under this section, a traffic commissioner may at any time—
cancel the suspension; or
with the consent of the holder of the licence, vary the period for which it is suspended.
The requirement of this section is that the traffic commissioner is satisfied that the applicant —
is of good repute (as determined in accordance with paragraph 1 of Schedule 3), and
has appropriate financial standing (as determined in accordance with paragraph 2 of Schedule 3).
Where a vehicle is being used in circumstances such that a PSV operator’s licence is required, there shall be fixed and exhibited on the vehicle in the prescribed manner an operator’s disc issued under this section showing particulars of the operator of the vehicle and of the PSV operator’s licence under which the vehicle is being used.
A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted—
with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or
with such lesser number of operators’ discs as he may request.
Where, in the case of any PSV operator’s licence, the maximum number referred to in subsection (2)(a) above is increased on the variation of one or more of the conditions there referred to, the traffic commissioner on making the variation shall supply the holder of the licence—
with such number of additional operators’ discs as will bring the total number of operators’ discs held by him in respect of the licence to that maximum number, or
with such lesser number of additional operators’ discs as he may request.
Regulations may make provision—
as to the form of operators’ discs and the particulars to be shown on them;
as to the expiry of operators’ discs;
with respect to the custody and production of operators’ discs;
for the issue of new operators’ discs in place of those lost, destroyed or defaced;
for the return of operators’ discs on their expiry or otherwise ceasing to have effect,on the revocation or on termination of a PSV operator’s licence or in the event of a variation of one or more conditions attached to a licence under section 16(1) of this Act having the effect of reducing the maximum number of vehicles which may be used under the licence.
for the voluntary return of operators’ discs by the holder of a PSV operator’s licence.
Where the number of operators’ discs currently held in respect of a PSV operator’s licence is less than the maximum number referred to in subsection (2)(a) above, a traffic commissioner shall on the application of the holder of the licence supply him with such number of additional operators’ discs as is mentioned in subsection (2A)(a) or (b) above.
Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where, in accordance with regulations under subsection (3)(aa) below, all the operators’ discs held in respect of a PSV operator’s licence expire at the same time, a traffic commissioner shall supply the holder of the licence with a number of new operators’ discs equal to the number of discs that have expired.
The requirement of this section is that the traffic commissioner is satisfied —
that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and
that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.
In considering whether the requirement of this section is 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 those undertakings will be fulfilled.
Where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by the commissioner under subsection (2) that the commissioner considers to be material to the granting of the application must be recorded in the licence issued to the applicant
A person who has applied for a PSV 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, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.
It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to a traffic commissioner of— and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder’s knowledge in any other case.
any relevant conviction of the holder; and
any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder’s road passenger transport business,
For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.
It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of— to give notice in writing of that event to a traffic commissioner.
the bankruptcy or liquidation of the holder, or the sequestration of his estate or the entry into administration of the holder or the appointment of a receiver, manager or trustee of his road passenger transport business; or
the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or
any change in the identity of the transport manager of the holder’s road passenger transport business,
On granting or varying a PSV operator’s licence, or at any time after the grant or variation of such a licence, a traffic commissioner may require the holder of the licence to inform a traffic commissioner forthwith, or within a specified period, of any specified material change in any of the holder’s circumstances which were relevant to the grant or variation of the licence.
Subject to section 68(1) of this Act, a person who fails to comply with subsection (1), (2) or (3) above or with any requirement under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In subsection (4) “specified” means specified by the traffic commissioner imposing the requirement to inform.
Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in sections 14ZA to 14ZC of this Act are not satisfied in relation to the application.
An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.
Where a traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “local authority” means—
in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).
It shall be the duty of the holder of a PSV operator’s licence, on the happening to any public service vehicle owned by him of any failure or damage of a nature calculated to affect the safety of occupants of the public service vehicle or of persons using the road, to report the matter as soon as is practicable to the Secretary of State in accordance with regulations made by virtue of subsection (2A) below.
It shall be the duty of the holder of a PSV operator’s licence, on any alteration otherwise than by replacement of parts being made in the structure or fixed equipment of any public service vehicle owned by him, to give notice of the alteration as soon as is practicable to the Secretary of State in accordance with regulations made by virtue of subsection (2A) below.
Regulations may make provision—
for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;
for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and
for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.
A traffic commissioner may— In this subsection “material time” means a time when the PSV operator’s licence in question was in force.
require the holder of a PSV operator’s licence to supply him or another traffic commissioner forthwith or within a specified time with such information as he may reasonably require about the public service vehicles owned by the holder and normally kept at an operating centre within the traffic area to which the licence relates, and to keep up to date information supplied by the holder under this paragraph; or
require the holder or former holder of a PSV operator’s licence to supply him or another traffic commissioner forthwith or within a specified time with such information as he may reasonably require about the public service vehicles owned by the holder or former holder at any material time specified by him which were at that time normally kept at an operating centre within the traffic area to which the licence relates.
Subject to section 68(1) of this Act, a person who fails to comply with the provisions of subsection (1) or (2) above or with any requirement under subsection (3) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person who in purporting to comply with any requirement under subsection (3) above supplies any information which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who wishes to do either of the following things in a member State or in Northern Ireland, namely to carry on a road passenger transport business or to be the transport manager of such a business, may apply to a traffic commissioner for a certificate as to the applicant’s repute and professional competence and, where relevant, his financial standing.
if he holds a standard licence, to the traffic commissioners by whom that licence was granted or, if he holds more than one, by whom the last such licence was granted;
in any other case, to the traffic commissioners for any traffic area,
A person applying for a certificate under subsection (1) above shall give to the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for the discharge of duties of a traffic commissioner in relation to the application.
The traffic commissioner dealing with an application under subsection (1) above shall certify such matters relating to the applicant as—
he is satisfied he may properly certify, and
appear to the commissioner to be of assistance to the applicant in satisfying the requirements of the law of the ... member State in which he wishes to carry on business or to work or, as the case may be, the requirements of the law of Northern Ireland.
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 14ZA(2) of this Act, 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 the requirements mentioned in section 14ZA(3)(a) and (b) of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act or under the 2009 Regulation, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.
A traffic commissioner 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.
A person— Notwithstanding section 1(1) of this Act, in this section and in sections 23 to 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.
shall not drive a public service vehicle on a road unless he is licensed for the purpose under this section; and
shall not employ a person who is not so licensed for the purpose to drive a public service vehicle on a road.
The authority having power to grant under this section a licence to a person to drive a public service vehicle shall be— the traffic commissioner for the traffic area in which that person resides at the time when he applies for a licence.
where the person seeking the grant of the licence is, at the time of the application therefor, resident in a traffic area other than the Metropolitan Traffic Area, the traffic commissioners for the traffic area in which he then resides;
where the person seeking the grant of the licence is, at that time, resident in the Metropolitan Traffic Area, the commissioner of police of the metropolis.
A person shall be disqualified for obtaining a licence to drive a public service vehicle unless he fulfils such conditions as may be prescribed.
A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.
A licence to drive a public service vehicle may at any time be suspended or revoked by the authority by whom it was granted upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence; and a licence suspended under this subsection shall during the time of suspension be of no effect.
A licence to drive a public service vehicle shall, unless previously revoked, continue in force for five years from the date on which it is expressed to take effect.
Without prejudice to section 23(3) of this Act if, on the date on which an application is made for a licence to drive a public service vehicle, the applicant is the holder of such a licence, the existing licence shall, notwithstanding anything in subsection (6) above, continue in force until the application is disposed of.
A licence granted under this section to a person resident in any traffic area shall be valid in every other traffic area.
Subject to section 68(1) and (3) of this Act, a person who contravenes subsection (1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A person who, being the holder of or an applicant for a licence to drive a public service vehicle, feels aggrieved by the refusal or failure of a traffic commissioner . . . to grant, or by the suspension or revocation of, such a licence, or by any limitation imposed thereon, may by notice in writing to the commissioner . . . , require him . . . to reconsider the matter and shall on the reconsideration be entitled to be heard either personally or by his representative.
A person who is so aggrieved or who is dissatisfied with the decision of the commissioner . . . on the reconsideration of the matter may appeal— and on any such appeal the court or sheriff may make such order as it or he thinks fit and any order so made shall be binding on the commissioner . . . .
if he resides in England or Wales, to a magistrates’ court acting for the petty sessions area in which he resides,
if he resides in Scotland, to the sheriff within whose jurisdiction he resides,
Where the applicant for a licence to drive a public service vehicle, who is at the date of his application the holder of a licence, appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall, notwithstanding anything in section 22(6) of this Act, continue in force until the appeal has been disposed of.
A licensing authority may, notwithstanding any driving test condition imposed by regulations, grant a licence to an applicant to drive a public service vehicle of any type if the authority is satisfied that the applicant has, within the period of five years ending on the date of the coming into force of the licence, held a licence granted under the law of Northern Ireland to drive a public service vehicle of that type.
In this section—
Regulations may make provision for regulating the conduct, when acting as such, of—
persons licensed to act as drivers of public service vehicles, and
inspectors and conductors of such vehicles; and
drivers, inspectors and conductors of tramcars.
Regulations under subsection (1)(b) may, in particular, make provision about whether or not a person authorised to act as an inspector by a relevant authority may act in that capacity in relation to a relevant local service—
at times when the public service vehicle used to provide the service is outside the area of the authority (including when the vehicle is in Wales or Scotland);
which does not have a stopping place in the area of the authority.
Subject to section 68(1) of this Act, if a person to whom regulations having effect by virtue of this section apply contravenes, or fails to comply with, any of the provisions of the regulations, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale and, in the case of an offence by a person acting as driver of a public service vehicle, the court by which he is convicted may, if it thinks fit, send notice of the particulars of the conviction to the Secretary of State requiring the Secretary of State to endorse them on the person's driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section and section 25 “inspector”, in relation to a public service vehicle, means—
a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used, and
in the case of a vehicle being used to provide a relevant local service, a person authorised to act as an inspector by a relevant authority.
In this section—
Notwithstanding section 1(1) of this Act, in this section and in sections 25 and 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.
Regulations may make provision generally as to the conduct of passengers on public service vehicles or tramcars and in particular (but without prejudice to the generality of the foregoing provision) for—
authorising the removal from a public service vehicle or tramcar of a person infringing the regulations by the driver, inspector or conductor of the vehicle or on the request of the driver, inspector or conductor by a police constable;
requiring a passenger in a public service vehicle or tramcar who is reasonably suspected by the driver, inspector or conductor thereof of contravening the regulations to give his name and address to the driver, inspector or conductor on demand;
requiring a passenger to declare, if so requested by the driver, inspector or conductor, the journey he intends to take or has taken in the vehicle, and to pay the fare for the whole of that journey and to accept any ticket provided therefor;
requiring, on demand being made for the purpose by the driver, inspector or conductor, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;
requiring a passenger, if so requested by the driver, inspector or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid;
requiring the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
refuses to give his name and address to the constable; or
gives his name and address to the constable but does not answer to the satisfaction of the constable questions put to him by the constable for the purpose of ascertaining whether the name and address are correct,
Subject to section 68(1) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In the application of this section to Scotland, subsection (1)(b) shall have effect as if after the word “address” there were inserted the words “to a police constable or”
Regulations may make provision with respect to public service vehicles for—
the determination by or under the regulations of the number of the seated passengers and standing passengers respectively for whom a vehicle is constructed or adapted and fit to carry;
the determination by or under the regulations of the number of such passengers respectively who may be carried in a vehicle;
the marks to be carried on a vehicle showing those numbers and the manner in which those marks are to be carried.
Subject to section 68(1) and (3) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
It shall be the duty of a person carrying on the business of operating public service vehicles to keep such accounts and records in relation thereto and to make to the Secretary of State such financial and statistical returns, and in such manner and at such times, as the Secretary of State may from time to time require.
Subject to section 68(3) of this Act, if a person fails to comply with the requirements of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding £200.
This section shall not apply to the British Railways Board or the London Transport Executive.
The wages paid by the holder of a PSV operator's licence to persons employed by him in connection with the operation of a public service vehicle and the conditions of their employment shall not be less favourable to them than the wages which would be payable and the conditions which would have to be observed under a contract which complied with the requirements of any resolution of the House of Commons for the time being in force applicable to contracts with government departments.
Any organisation representative of the persons engaged in the road transport industry may make representations to the Advisory, Conciliation and Arbitration Service to the effect that the wages paid to, or the conditions of employment of, any person employed by the holder of a PSV operator's licence are not in accordance with the requirements of subsection (1) above, and if the matter in dispute is not otherwise disposed of it shall be referred by the Service to the Central Arbitration Committee for settlement
Where a matter is referred to the Central Arbitration Committee under subsection (2) above, the Committee, in arriving at its decision, shall have regard to any determination which may be brought to its notice relating to the wages or conditions of service of persons employed in a capacity similar to that of the persons to whom the reference relates and contained in a decision of a joint industrial council, conciliation board or other similar body, or in an agreement between organisations representative of employers and workpeople.
If it is decided by the Central Arbitration Committee that a person has been guilty of a breach of the provisions of this section, the traffic commissioners by whom any PSV operator's licence has been granted to that person may suspend or revoke that licence or refuse to grant a further such licence to that person; and a licence suspended under this subsection shall during the time of suspension be of no effect.
A contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of a person in respect of a claim which may be made against him in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. This section does not apply to anything that is governed by Article 6 of the 2011 Regulation.
The operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless condition 1 or 2 is met.
Condition 1 is that—
the operator has, within the past three years, checked a relevant enhanced criminal record certificate issued within that period relating to the person who is to drive the vehicle, and
the certificate does not show that the person is barred from regulated activity relating to children.
Condition 2 is that—
the operator has, within the past three years, checked—
a relevant enhanced criminal record certificate relating to the person who is to drive the vehicle, and
up-date information given, within the past three years, under section 116A of the Police Act 1997 in relation to the certificate,
the certificate does not show that the person is barred from regulated activity relating to children, and
the up-date information is not advice to request the person to apply for a new enhanced criminal record certificate.
In this section—
Section 29A (duty to check barring information) applies in relation to a school service that takes up or sets down passengers at one or more points in Wales only if regulations made by the Secretary of State so provide.
But the regulations may not provide for that section to apply in relation to—
a service for the carriage of passengers by road at separate fares—
that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru, or
a service that is provided under arrangements made by a body to which the duty in section 15(1) of the Learner Travel (Wales) Measure 2008 applies (duty of local authorities and governing bodies to have regard to guidance given by Welsh Ministers).
A reference in this Part to regulated activity relating to children is to be construed in accordance with Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
For the purposes of this Part, a person drives a public service vehicle for a school service where—
by driving the vehicle the person is engaging in regulated activity relating to children by virtue of paragraph 2(1)(f) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006,
the children using the service are being conveyed between their homes and institutions for providing primary, secondary or further education that they are attending, and
the vehicle is being used in circumstances such that a PSV operator’s licence is required for its use.
In this Part—
“primary education”, “secondary education” and “further education” have the meanings given in the Education Act 1996 (see section 2 of that Act);
“children” means persons who have not attained the age of 18.
Subject to section 39 of this Act and to the provisions of section 23 of the Transport (London) Act 1969 as to London bus services, a stage carriage service shall not be provided except under a road service licence granted in accordance with the following provisions of this Part of this Act
The authority having power to grant a road service licence in respect of a stage carriage service is the traffic commissioners for any traffic area in which the service is proposed to be provided, not being an area in which passengers will be neither taken up nor set down in the course of the service; and a road service licence authorises the holder to provide the service specified in the licence in the area of the traffic commissioners by whom it was granted and in any other traffic area in which passengers are neither taken up nor set down in the course of the service.
Where a stage carriage service is proposed to be provided on a route running through more than one traffic area, a separate road service licence is required for each traffic area in which passengers will be either taken up or set down in the course of the service.
Subject to subsection (5) below and to section 35(2) of this Act, a road service licence granted by the traffic commissioners for any traffic area shall be of no effect at any time at which the holder does not also hold a PSV operator's licence granted by the commissioners for that or any other traffic area, not being a licence which is at that time of no effect by reason of its suspension.
Subsection (4) above does not apply—
to a road service licence held by a local education authority or, in Scotland, an education authority;
to a road service licence granted in respect of a community bus service within the meaning of section 45 of this Act.
Subject to section 68(3) of this Act, if a stage carriage service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding £200.
Subject to section 68(3) of this Act, if a condition attached under section 32 or 33 of this Act to a road service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding £200.
A road service licence is required for a stage carriage service notwithstanding that the provision of such a service is authorised under Part V of the Road Traffic Act 1930 or by a special Act or an order having the force of an Act.
An application for a road service licence shall be made in such form as the traffic commissioners may require, and an applicant shall give the commissioners such information as they may reasonably require for disposing of the application.
Where an application is made for the grant of a road service licence, the traffic commissioners—
shall grant the licence unless they are satisfied that to do so would be against the interests of the public; and
if they grant the licence, shall do so in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public.
In considering under subsection (2) above whether the grant of a licence would be against the interests of the public, or the extent to which the grant of a licence in accordance with the application would be against those interests, the traffic commisioners shall in particular have regard to—
the transport requirements of the area as a whole (including so much as is relevant not only of the commissioners' own traffic area but also of adjoining traffic areas) and of particular communities in the area ;
any transport policies or plans which have been made by the local authorities concerned and have been drawn to the commissioners' attention by those authorities; and
any objections or other representations made to the commissioners in the prescribed manner which in their opinion are relevant.
In subsection (3) above " the local authorities concerned " means—
in Greater London, the Greater London Council;
elsewhere in England and Wales, county councils ; and
in Scotland, regional and islands councils.
The traffic commissioners, on granting a road service licence, shall send notice thereof, including particulars of the services to be provided thereunder, to the chief officer of police of every police district in which any such service is to be provided and to each of the following councils in whose area any such service is to be provided, that is to say—
the Greater London Council, any London borough council and the Common Council of the City of London;
any county council or district council in England or Wales; and
any regional, islands or district council in Scotland.
Subject to subsection (2) below and to any regulations, traffic commissioners granting a road service licence may attach to the licence such conditions as they think fit having regard to the interests of the public, and in particular to the matters mentioned in section 31(3)(a) to (c) of this Act, and may in particular attach thereto such conditions as they think fit (having regard as aforesaid) for securing— and generally for securing the safety and convenience of the public, including persons who are disabled.
that suitable routes are used in providing any service which may be provided under the licence;
that copies of the timetable and fare-table are carried and are available for inspection in vehicles used on any such service;
that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points ;
No such condition as to fares as is mentioned in section 33(1) of this Act shall be attached under this section to a road service licence.
The traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—
altering, in such manner as they think fit having regard to the interests of the public, any condition attached to the licence ; or
removing any condition attached to the licence, if they think fit having regard to those interests; or
attaching to the licence any such condition or additional condition as they think fit having regard to those interests.
Where the holder of such a licence makes an application to the traffic commissioners requesting them to exercise then-powers under subsection (3) above, the commissioners shall exercise those powers in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public.
Compliance with any condition attached to a road service licence under this section may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied—
that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered; and
that such a dispensation would not be against the interests of the public.
Subject to subsection (3) below and to any regulations, traffic commissioners may (whether at the time when the licence is granted or at any time thereafter, and whether or not in response to any particulars received by them under this Part of this Act) attach to a road service licence granted by them conditions or additional conditions as to the fares, or the minimum or maximum fares, which may be charged for services provided under the licence.
Subject to subsection (3) below, the traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—
altering in such manner as they think fit any condition as to fares attached under subsection (1) above to the licence;
removing any condition as to fares so attached to the licence.
The traffic commissioners shall not exercise their powers under subsection (1) above or their powers of alteration under subsection (2) above in any particular case unless satisfied that the proposed exercise of those powers in that case is essential in the interests of the public—
to protect the public from unreasonable use by the holder of the licence of his position as such; or
to regulate the terms of competition between stage carriage services on any route or routes.
Where the holder of a road service licence makes an application to the traffic commissioners requesting them to exercise their powers (whether of alteration or removal) under subsection (2) above, the commissioners—
shall remove all the conditions attached under subsection (1) above to the licence except to the extent that they are satisfied that it is essential in the interests of the public to maintain them, with or without alteration, for one or both of the purposes mentioned in paragraphs (a) and (b) of subsection (3) above; and
shall not exercise their powers of alteration under subsection (2) above unless satisfied that the proposed exercise of those powers is consistent with their reasons for not removing all the conditions attached under subsection (1) above to the licence.
Compliance with any condition attached to a road service licence under subsection (1) above may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied—
that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered; and
that such a dispensation would not be against the interests of the public.
Where it is proposed to make any change in the fares charged for any service provided under a road service licence, it shall be the duty of the holder of the licence to supply to the traffic commissioners, not later than the prescribed time before the date of the proposed change, the prescribed particulars of the proposed change.
Subject to section 68(1) of this Act, a person who fails to supply within the prescribed time any particulars which he is required to supply under subsection (6) above shall be liable on summary conviction to a fine not exceeding £200.
A person who in purporting to comply with subsection (6) above supplies any particulars which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding £500.
If, in the case of any application for a road service licence, the traffic commissioners are satisfied that there are no other transport facilities available to meet the reasonable needs of the route on which the service which the applicant proposes to provide under the licence would operate—
the commissioners shall grant the applicant a road service licence in respect of that route and shall do so in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public; and
in relation to the application and to the licence granted on it, sections 31 and 32 of this Act shall have effect as if section 31(2) to (4) and, in section 32(1), the words " and in particular to the matters mentioned in section 31(3)(a) to (c) of this Act" were omitted.
Every road service licence granted in pursuance of this section shall include a statement that it is so granted.
No appeal shall lie under section 50 of this Act from a decision of the traffic commisioners to refuse to grant a road service licence in pursuance of this section.
If, in the case of any application for a road service licence, the traffic commissioners are satisfied that the service which the applicant proposes to provide under the licence (" the proposed service ") would be an excursion or tour and are also satisfied either— the commissioners shall grant the applicant a road service licence in accordance with the application and, in relation to the application and to the licence granted on it, sections 31(2) to (4), 32 and 33 of this Act shall not apply.
that the proposed service would not compete directly with—
any other service for which a road service licence has been granted, not being an excursion or tour, or
any London bus service within the meaning of section 23 of the Transport (London) Act 1969; or
any service being provided by means of one or more tramcars; or
that the proposed service would operate only to enable passengers to attend special events,
Section 30(4) of this Act does not prevent a road service licence granted in pursuance of this section from having effect for the purposes of the provision of a service by means of a vehicle whose operator holds a PSV operator's licence granted by the traffic commissioners for any traffic area, not being a licence which is for the time being of no effect by reason of its suspension.
Every road service licence granted in pursuance of this section shall include a statement that it is so granted.
No appeal shall lie under section 50 of this Act from a decision of the traffic commissioners to refuse to grant a road service licence in pursuance of this section.
Subject to subsection (2) below, a road service licence may be revoked or suspended by the traffic commissioners who granted the licence on the ground that there has been a contravention of any condition attached to it.
The traffic commissioners shall not revoke or suspend a road service licence unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, the commissioners are satisfied that the licence should be revoked or suspended.
On revoking or suspending a road service licence the traffic commissioners shall send notice thereof—
to the chief officer of police of every police district in which the service to which the licence relates was provided ; and
to each of the councils mentioned in section 31(5)(a) to (c) of this Act in whose area that service was provided.
A road service licence suspended under this section shall during the time of suspension be of no effect.
Regulations shall specify the dates in the year on which road service licences are to expire.
Subject to subsection (3) below, a road service licence shall, unless previously revoked, continue in force up to and including that one of the dates so specified which occurs next before the expiration of five years from the date on which the licence is expressed to take effect unless at the time of the granting of the licence the traffic commissioners for special reasons determine that it shall continue in force only up to and including an earlier date (being one of those so specified), in which case it shall, unless previously revoked, continue in force only up to and including that date.
If, on the date on which a road service licence is due to expire, proceedings are pending before the traffic commissioners on an application for the grant of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 36 of this Act.
Nothing in this section shall prevent—
the grant of a road service licence in respect of a service limited to one or more particular periods or occasions; or
the attachment to a road service licence of a condition that the service shall be so limited.
For the purposes of this Part of this Act, a trial area is any area in Great Britain (outside Greater London) for the time being designated in accordance with the following provisions of this section as an area in which road service licences are not required for stage carriage services.
The Secretary of State may, if he thinks fit, make an order in this section referred to as a " designation order ") so designating any area consisting of the whole or part of the area of a local authority, but shall not make such an order in respect of any area except on an application made to him by the local authority concerned.
An application for a designation order shall specify the area which the local authority concerned wishes to be designated by the order; and the area designated by such an order as originally made—
shall not include any area outside the area specified in the application on which the order is made; and
shall not consist of less than the whole of the area so specified unless the reduction is made with the consent of the local authority concerned.
Subject to subsection (5) below, the Secretary of State may by order vary or revoke a designation order but shall not do so except on an application made to him by the local authority concerned; and the Secretary of State—
on an application for an order varying a designation order, may at his discretion refuse the application or make the order applied for either with or without modifications; and
on an application for an order revoking a designation order, may at his discretion refuse the application or make the order applied for.
A designation order—
shall not be revoked before the end of the period specified in the order, as originally made, as the minimum period for which the order is to be in force, being a period of not less than two and not more than five years beginning with the day on which it comes into force;
shall not before the end of that period be varied so as to exclude from the area designated by it any part of the area originally so designated; and
shall at no time be varied so as to include in the area designated by it any area outside the area originally so designated.
The preceding provisions of this section have effect subject to the provisions of Schedule 4 to this Act (which relate to the making of applications for, and the variation and revocation of, designation orders).
Any order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and Schedule 4 to this Act—
“transport manager” has the same meaning as in the 2009 Regulation;
a UK (NI) certificate of conformity, as defined in Article 3(5C) of the Type Approval Regulation, or
in the case of a general authorisation, the conditions attached to the authorisation by virtue of paragraph 1 of Schedule 5 to this Act, and
in the case of a special authorisation, any conditions attached to the authorisation under that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to England and Wales, any local authority within the meaning of the Local Government Act 1972;
A road service licence is not required for the provision of a stage carriage service within a trial area.
Where a stage carriage service operates partly within one or more trial areas and partly not within a trial area—
a road service licence is not required in respect of so much of the service as operates not within a trial area but within a traffic area in which (except in any trial area) passengers are neither taken up nor set down in the course of the service; and
any conditions attached to a road service licence under which any part of that service is provided shall not apply in relation to so much of the service as operates within any trial area.
So much of subsection (3) of section 1 of the Road Traffic Regulation Act 1967 as provides that no prohibition or restriction on waiting imposed by a traffic regulation order under that section shall apply to a stage carriage shall not operate within a trial area.
This section applies to any stage carriage service which operates wholly within a trial area; but where a stage carriage service operates only partly within a trial area, so much of it as operates within that area shall for the purposes of this section be treated as a separate stage carriage service to which this section applies.
Sections 1 and 2.
The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey.
The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force. In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph “local authority” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of— and otherwise than by any person who receives any remuneration in respect of the arrangements.
the holder of the PSV operator’s licence under which the vehicle is to be used, if such a licence is in force.
the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,
The journey must be made without previous advertisement to the public of the arrangements therefor.
All passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.
No differentiation of fares for the journey on the basis of distance or of time must be made.
For the purposes of paragraphs 2 and 6 above no account shall be taken of any such advertisement as follows, that is to say—
a notice displayed or announcement made—
at or in any place of worship for the information of persons attending that place of worship;
at or in any place of work for the information of persons who work there; or
by any club or other voluntary association at or in any premises occupied or used by the club or association;
a notice contained in any periodical published for the information of, and circulating wholly or mainly among—
persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place; or
persons who work at a particular place of work or at any of two or more particular places of work; or
the members of a club or other voluntary association.
starting to provide a new service to which this section applies; or
The Secretary of State may remove a traffic commissioner from his office on the grounds that the traffic commissioner—
has misbehaved; or
is unable, unfit or unwilling to perform the functions of traffic commissioner to a standard which the Secretary of State considers satisfactory.
If a traffic commissioner acquires a financial interest in a transport undertaking which carries passengers or goods by road within Great Britain he shall, within four weeks after so doing, give notice of that acquisition in writing to the Secretary of State specifying the interest so acquired and the Secretary of State, after taking the matter into consideration, may if he thinks fit declare that the traffic commissioner has vacated his office.
In the case of illness, incapacity or absence of a traffic commissioner, the Secretary of State may appoint some other person to act as his deputy.
If the Secretary of State considers that the duties to be performed by a traffic commissioner, or any deputy appointed under paragraph 3 above to the traffic commissioner, cannot conveniently or efficiently be performed by one person, the Secretary of State may appoint one or more persons to act as deputy to the traffic commissioner.
A person appointed under paragraph 4 above shall be appointed upon such terms and conditions, including conditions as to the time which he is to devote to the duties of his office, as the Secretary of State may determine, and shall act for the traffic commissioner whose deputy he is in such matters as the traffic commissioner, or any deputy appointed by reason of the traffic commissioner’s illness, incapacity or absence, may from time to time direct or as the Secretary of State may from time to time by general directions require, and for that purpose shall exercise and perform all the powers and duties of the traffic commissioner.
Where the office of traffic commissioner for any traffic area in Scotland becomes vacant the Secretary of State may, pending the appointment of a new traffic commissioner for that area under section 4 of this Act, appoint a person (whether or not over the age of sixty-five) under this paragraph to act as traffic commissioner for that area for a limited period. Any person appointed under sub-paragraph (1) above shall—
The Secretary of State may appoint such number of persons to be deputy traffic commissioners for England and Wales as the Secretary of State thinks fit. A deputy traffic commissioner for England and Wales— Appointment as a deputy traffic commissioner for England and Wales shall be upon such terms and conditions, including conditions as to the time to be devoted to the duties of the office, as the Secretary of State may determine. A deputy traffic commissioner for England and Wales shall carry out such of the functions of that office as the senior traffic commissioner may determine under section 4B of this Act— as the senior traffic commissioner may so determine. A deputy traffic commissioner for England and Wales shall carry out such of those functions as the senior traffic commissioner may determine under section 4B of this Act at such places— as the senior traffic commissioner may so determine. In this paragraph “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.
Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic Area only.
Subject to the approval of the Treasury, the Secretary of State may appoint such persons to act as officers and servants of a traffic commissioner as he considers appropriate.
Where the office of any traffic commissioner for England and Wales becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as a traffic commissioner for England and Wales pending the appointment of a new traffic commissioner under section 4 of this Act. Any person appointed under sub-paragraph (1) above shall—
There shall be paid to a traffic commissioner and deputy traffic commissioner, and to the persons acting as officers or servants of a traffic commissioner, such remuneration and allowances as may be determined by the Secretary of State with the consent of the Treasury. There shall be paid to the senior traffic commissioner such additional remuneration in respect of the responsibilities of that office as may be so determined.
The principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972) which is for the time being in force shall apply to persons holding the office of traffic commissioner for England and Wales or for the Scottish Traffic Area.
The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the tune Wing in force shall apply to persons holding the office of chairman of the traffic commissioners for each of the traffic areas.
making, otherwise than temporarily, any changes in a service to which this section applies; or
Section 14ZA,14ZB and 17(6).
In determining whether an individual is of good repute, a traffic commissioner shall have regard to all the relevant evidence and in particular to— In determining whether a company is of good repute, a traffic commissioner shall have regard to all the relevant evidence and in particular to— In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act. A traffic commissioner shall determine that an individual is not of good repute if he has— For the purposes of sub-paragraph (3)(a) above a serious offence is— For the purposes of sub-paragraph (3)(b) above a road transport offence is— In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental health, “a community order” means an order under section 177 of the Criminal Justice Act 2003 or Chapter 2 of Part 9 of the Sentencing Code, a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978 or a service community order or overseas community order under the Armed Forces Act 2006 and “a community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement. In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to an offence under section 42 of the Armed Forces Act 2006. For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a traffic commissioner may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction. Sub-paragraph (3) above is without prejudice to the power of a traffic commissioner to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned. In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder, of, a PSV operator’s licence.
Being of appropriate financial standing in relation to an application for, or holder of, a restricted licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent.
Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
dies or 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,
... an individual shall be regarded as professionally competent for the purposes of Part II of this Act 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 III to that Regulation and must have security features in compliance with Annex II to that Regulation.
he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills; or
he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Secretary of State.
In paragraph 6 above— In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).
a body approved by the Secretary of State for the purposes of that paragraph; or
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967 ; or
a body or authority designated by another member State for the purposes of Article 2(4) of Council Directive (EEC) 74/562 of 12th November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations;
A traffic commissioner must not in any proceedings under this Act or 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 must consider the representations— The traffic commissioner must hold an inquiry as provided in section 54 if the transport manager requests one under sub-paragraph (1)(d). A notice is 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 the transport manager at the transport manager’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the transport manager.
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 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-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2) or, with the consent of the disqualified person, vary the order. The traffic commissioner by whom a disqualification order is made under paragraph 7B(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 54 if the disqualified person requests one under sub-paragraph (4)(c). A notice is 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for a period of, or for periods amounting in the aggregate to, two years during the period 1st January 1975 to 31st December 1979; or
at any time in the period 1st January 1970 to 31st December 1974.
discontinuing a service to which this section applies,
Not less than 21 days before making an application to the Secretary of State for a designation order in respect of any area the local authority concerned shall publish in one or more relevant newspapers a notice describing the area in question and stating their intention to apply for a designation order in respect of it and the date on which they propose to make the application. For the purposes of any notice under this paragraph a " relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.
Before making such an application the local authority concerned shall also notify— In this paragraph " public passenger transport services" has the meaning given by section 1(2) of the Transport Act 1978.
Every application for a designation order shall be accompanied by the original or a copy of any representations in writing (by whoever made) which relate to the application and were received by the local authority concerned before the date on which the application is made; and before making a designation order the Secretary of State shall consider any such representations.
Before making an application to the Secretary of State for an order under section 38(4) of this Act varying or revoking a designation order the local authority concerned—
shall notify—
every local authority (if any) whose area adjoins the trial area in question ;
every district council whose area adjoins the trial area;
any person who is for the time being providing a stage carriage service in the trial area; and
such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services (within the meaning of paragraph 2 above) in the trial area ; and
shall consult with every district council whose area is wholly or partly comprised in the trial area.
Paragraph 3 above shall apply in relation to an application for, and the making of, an order under section 38(4) of this Act as it applies in relation to an application for, and the making of, a designation order.
Subject to sub-paragraph (2) below, an order under section 38 of this Act which revokes or varies a designation order may contain such transitional provisions as the Secretary of State thinks fit. An order under section 38(4) of this Act which revokes a designation order or varies it so as to exclude from the area designated by it any part of that area shall contain such transitional provisions as the Secretary of State thinks fit for securing that any person who has, throughout the relevant period ending with the date of the order, provided a stage carriage service which he will be unable to continue to provide after the time when the revocation or variation takes effect unless granted a road service licence in respect of it, can obtain as of right a road service licence that will enable him to continue to provide that service for as long as the licence remains in force after that time. In sub-paragraph (2) above " the relevant period ", in relation to an order under section 38(4) of this Act, means such period of not less than three months as may be specified in the order.
Section 48.
There shall by virtue of this paragraph be attached to every general authorisation the following conditions—
a journey in pursuance of the authorisation must not be made in conjunction with, or in extension of, a service provided under a road service licence if the vehicle is owned by, or made available under any arrangement with, the holder of the licence or any person who receives any remuneration in respect of the service provided thereunder or in respect of arrangements for that service ;
any such journey must be made without previous advertisement to the public;
vehicles used in pursuance of the authorisation must not stand or ply for hire ;
any carriage of passengers by a vehicle in pursuance of the authorisation must be carriage for which arrangements were made before the journey began.
A general authorisation shall be granted by resolution of the local authority concerned. Paragraph 13 below applies in relation to any such resolution.
The local authority concerned may by resolution vary a general authorisation in one or both of the following ways, where applicable, that is to say so as to— Paragraph 13 below applies in relation to any such resolution.
In deciding whether to grant a special authorisation or whether to exercise their discretion to revoke such an authorisation the local authority concerned shall, in particular, have regard to the fitness for use in pursuance of the authorisation of any vehicle which is to be or is a specified vehicle, and to the suitability of the persons who will be or are using any such vehicle in pursuance of the authorisation.
The local authority granting a special authorisation may attach to it such conditions as they think fit with respect to all or any of the following matters— Paragraph 13 below applies in relation to the grant of a special authorisation.
The local authority concerned— The power conferred by sub-paragraph (1)(a) above shall be exercised only with the approval of the Secretary of State given either for the particular exercise of it in question or generally for cases of a class or description into which that exercise of it falls. If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to vary the conditions attached to a special authorisation under paragraph 5 above, the Secretary of State may himself by notice in writing given to the specified person vary those conditions.
A special authorisation shall not be transferable.
Unless previously revoked, an authorisation shall cease to have effect when the order under section 47(2) of this Act by virtue of which it was granted ceases to have effect.
The local authority concerned may revoke an authorisation at any time, and shall do so if so directed by the Secretary of State.
Revocation of a general authorisation shall be effected by resolution of the local authority concerned. Revocation of a special authorisation shall be effected by giving notice of its revocation to the specified person. If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to revoke an authorisation, the Secretary of State may himself revoke the authorisation— Paragraph 13 below applies in relation to the revocation of a general authorisation or special authorisation.
Every special authorisation granted with the consent of one or more local authorities other than the authority by whom it is granted shall include a statement to that effect specifying the consenting authorities; and a statement in any special authorisation under section 48 of this Act to the effect that it was so granted shall be evidence, and in Scotland sufficient evidence, of the matters stated.
Where an authorisation ceases to have effect or is varied under or by virtue of the preceding provisions of this Schedule, its previous operation shall not be affected thereby.
A local authority shall before— In sub-paragraph (1) above " the appropriate notice " means— Before passing the resolution or granting or revoking the special authorisation in question the local authority shall take account of any representations received by them in relation to it. The local authority may— in respect of which notice has been given under sub-paragraph (1) above either with or without modifications. As soon as may be after— the local authority or the Secretary of State, as the case may be, shall give notice of its having been passed or made in one or more relevant newspapers; and the grant, variation or revocation, as the case may be, shall not take effect before notice of the resolution or order having been passed or made is so given. A notice under sub-paragraph (5) above of any resolution granting an authorisation shall include particulars of the terms of the authorisation (including the conditions attached to it); and a local authority or the Secretary of State may include in any notice under this paragraph such other relevant information as they or he may think fit. For the purposes of any notice under this paragraph a " relevant newspaper " is any local newspaper which the local authority or the Secretary of State, as the case may be, may consider appropriate.
For the purposes of paragraph 1(b) above no account shall be taken of any advertisement consisting of a notice or announcement such as is mentioned in paragraph 9 of Schedule 1 to this Act, and paragraph 5(1)(d) above shall not extend to advertisement by means of any such notice or announcement.
Section 88.
Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.
Where any provision of the Transport Act 1980 which is repealed by this Act was brought into force by an order which contains transitional provisions and savings in connection with that provision, an order under section 89(2) of this Act may contain corresponding provisions and savings in connection with any provision of this Act corresponding to the repealed provision.
A certificate of fitness issued in respect of a vehicle under section 129 of the Road Traffic Act 1960 which was in force immediately before the date on which section 17 of the Transport Act 1980 came into force and had effect on and after that date as if it were a certificate of initial fitness shall, notwithstanding the repeal by this Act of subsection (2) of the said section 17, continue to have effect as if it were a certificate of initial fitness issued in respect of the vehicle on that date.
For the purposes of subsection (1) of section 6 of this Act, the requirement of paragraph (b) of that subsection shall be treated as complied with if a certificate under section 130 of the Road Traffic Act 1960 was in force in respect of the vehicle concerned immediately before section 17 of the Transport Act 1980 came into force or has since that date been issued in respect of the vehicle.
Section 88.
In section 4(4) of the Local Government (Miscellaneous Provisions) Act 1953 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shalll be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”.
In section 7(1) of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”.
In section 92 of the Finance Act 1965, in the definition of “operator” in subsection (8), for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (8) for the words " section 28 of the Transport Act 1980 " there shall be substituted the words " section 50 of the Public Passenger Vehicles Act 1981 ";
in subsection (12) for the words " Road Traffic Act 1960 " there shall be substituted the words " Public Passenger Vehicles Act 1981 ".
In section 9(8) of that Act for the words "section 28 of the Transport Act 1980" there shall be substituted the words " section 50 of the Public Passenger Vehicles Act 1981. "
In sections 15(4) and 33(5) of that Act for the words " Part III of the Road Traffic Act 1960 " there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".
In section 104(1) of that Act for the words "Part I of the Transport Act 1980" there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".
In Schedule 5 to that Act, in paragraph 26 in the definition of "PSV operator's licence", for the words "Part I of the Transport Act 1980" there shall be substituted the words " Part II of the Public Passenger Vehicles Act 1981 ".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 159(1) of that Act—
in the definition of “bus service” for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ” and for the words “section 3(3)(a) of the Transport Act 1980” there shall be substituted the words “ section 2(3)(a) of the Public Passenger Vehicles Act 1981 ”; and
in the definition of “express carriage” and “stage carriage” and in the definition of “public service vehicle” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ”.
In section 23 of the Transport (London) Act 1969—
in subsection (2) for the words “Part III of the Act of 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981. ”;
“service express carriages” means an express carriage service within the meaning of the Public Passenger Vehicles Act 1981 or a stage carriage service within the meaning of that Act as to which the condition in section 2(3)(a) of that Act (long journeys only) is satisfied.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 37(5) of that Act after the words " 1967" there shall be inserted the words " or the Public Passenger Vehicles Act 1981) ".
In sections 44(4), 53(2), 56(1), 58(2), 82, 113(1), 124, 160(4), 163, 173(2) and 188(4)(a) of that Act for the words "Part III of the Road Traffic Act 1960 " there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".
In section 50(6) of that Act for the words " section 128(2) of the Road Traffic Act 1960 " there shall be substituted the words " section 7(2) of the Public Passenger Vehicles Act 1981. "
In section 4(2)(b) of the Road Traffic (Foreign Vehicles) Act 1972 for the words from “section 19(1)” to “section 160(1)(k) of that Act” there shall be substituted the words “ section 12(1) of the Public Passenger Vehicles Act 1981 as modified by regulations for the time being in force under section 60(1)(m) of that Act ”.
In section 7(1) of that Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the definition of “public service vehicle” for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.
In Schedule 1 to that Act for the words “Section 16(1) of the Transport Act 1980” there shall be substituted the words “ Section 8(1) of the Public Passneger Vehicles Act 1981 ”.
In section 63(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.
In section 80(1) of that Act, in the definition of “public service vehicle”, for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.
In paragraph 1 of Schedule 1 to the Energy Act 1976—
in sub-paragraph (1)(c) for the words “Part I of the Transport Act 1980” there shall be substituted the words “ Part II or III of the Public Passenger Vehicles Act 1981 ”;
in sub-paragraph (1)(d) for the words “section 14” there shall be substituted the words “ section 40 ”; and
in sub-paragraph (2) for the words “section 160 of the Road Traffic Act 1960” there shall be substituted the words “ section 60 of the Public Passenger Vehicles Act 1981 ”.
In paragraph 2 of Schedule 1 to that Act for the words “section 144 of the Road Traffic Act 1960” there shall be substituted the words “ section 22 of the Public Passenger Vehicles Act 1981 ”.
In section 1(2)(a) of the Transport Act 1978 for the words “the Minibus Act 1977” there shall be substituted the words “ section 42 of the Public Passenger Vehicles Act 1981 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88. Chapter Short title Extent of repeal 1960 c. 16. The Road Traffic Act 1960. Part III. In section 232(1), paragraph (a). Section 239. In section 247(2) the words “except offences under section 148(2)”. Section 252. In section 257(1) the words from “and the expressions” to the end of the subsection. Section 260. In section 263, in subsection (1) the word “III” and subsection (2). In section 265, subsection (1) and in subsection (2) the words from the beginning to “Part III of this Act and”. 1960 c. 63. The Road Traffic and Roads Improvement Act 1960. Section 24. The Schedule. 1962 c. 46. The Transport Act 1962. In Schedule 2, in Part I the entry relating to section 157 of the Raod Traffic Act 1960. 1962 c. 59. The Road Traffic Act 1962. In Schedule 4, the amendment of section 130 of the Road Traffic Act 1960. 1968 c. 73. The Transport Act 1968. In section 35, subsection (3). In section 130(6), paragraph (c). . . . In Schedule 10, in Part I the entry relating to section 123 of the Road Traffic Act 1960 and in Part II the entry relating to section 123 of the Road Traffic Act 1960. 1969 c. 35. The Transport (London) Act 1969. In section 24, subsections (1) to (4). 1972 c. 11. The Superannuation Act 1972. In Schedule 6, the amendment of section 126 of the Road Traffic Act 1960. 1974 c. 50. The Road Traffic Act 1974. In section 10(7) the words “the amendments of Part III of the 1960 Act specified in Schedule 2 to this Act.” In section 21(1) paragraph (a) and the words “Part I or” and “as the case may require”. In Schedule 2, paragraph 2. In Schedule 5, Part I. In Schedule 6, paragraph 2. 1975 c. 53. The Public Service Vehicles (Arrest of Offenders) Act 1975. In section 1 the words from “regulations having effect” to “public service vehicles) or of”. Section 2(2). 1977 c. 21. The Passenger Vehicles (Experimental Areas) Act 1977. The whole Act. 1977 c. 25. The Minibus Act 1977. The whole Act. 1978 c. 55. The Transport Act 1978. Sections 5 and 7. In section 24(2), the definition of “the 1960 Act”. In Schedule 2, paragraph 5. 1980 c. 34. The Transport Act 1980. Sections 1 to 31. In section 32, subsections (1) to (4). Section 33. Section 36. In section 37, subsection (1) Sections 38 to 41. In section 42— (a) in subsection (2), paragraph (a) and sub-paragraphs (i), (ii) and (iv) of paragraph (b); and (b) subsections (3) and (4). In section 43, subsection (2). Section 44. Schedules 1 to 3. In Schedule 4, the entries relating to sections 144, 146, 147 and 157 of the Road Traffic Act 1960. In Schedule 5, Part I and in Part II the paragraphs amending the Transport (London) Act 1969, the Road Traffic Act 1974, the Passenger Vehicles (Experimental Areas) Act 1977, the Minibus Act 1977 and the Transport Act 1978.
" transport manager ", in relation to a business, means an individual who, either alone or jointly with one or more other persons, has continuous and effective responsibility for the management of the road passenger transport operations of the business;
give to the local authority concerned, and to every district council in whose area passengers will be or are taken up or set down in the course of the service in question (including, in a case within paragraph (b) above, the service as proposed to be changed), a notice giving the prescribed information about the new service, the changes or the discontinuance, as the case may be; and
publish in a local newspaper circulating in the locality served or to be served by the service a notice giving the prescribed information about the new service, the changes or the discontinuance, as the case may be.
Subject to subsection (4) below, any notice required by subsection (2) above shall be given or published not later than the prescribed time before the operator does as mentioned in subsection (2)(a), (b) or (c), as the case may be.
Where the operator of a service to which this section applies does as mentioned in subsection (2)(a), (b) or (c) above in consequence of unforeseen circumstances making it impracticable for him to give or, as the case may be, publish in accordance with subsection (3) above a notice required by subsection (2), subsection (3) shall not apply to that notice, but instead the notice in question shall be given or, as the case may be, published (with any necessary modifications) as soon as is practicable.
If, at the time when any area becomes a trial area, there is being provided under a road service licence a stage carriage service which operates wholly or partly within that area, that service shall for the purposes of subsection (1) above be treated as one which operates wholly or, as the case may be, partly within a trial area.
Subject to section 68(1) of this Act, a person who fails to give or publish as required by this section any notice which this section requires him to give or publish shall be liable on summary conviction to a fine not exceeding £200.
Where more than one person falls to be regarded as the operator of a service to which this section applies, the requirements of this section are complied with if the requisite notices are given and published by any of those persons.
In this section—
in pursuance of arrangements under section 508B(1), section 508C(1), section 508F(1), section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996,
any payment representing earnings lost as a result of making himself available to drive in exceptional circumstances.
Subject to subsection (3) below, the duties of public passenger transport operators under the provisions mentioned in subsection (2) below, being duties to co-operate with and afford information to one another, shall not apply in relation to a service so far as it is provided within a trial area.
The provisions referred to in subsection (1) above are—
section 24(2) and (3) of the Transport Act 1968 (services in passenger transport areas);
section 1(1)(c) of the Transport Act 1978 (services in England and Wales outside passenger transport areas); and
section 151(1)(b) of the Local Government (Scotland) Act 1973 (services in Scotland outside passenger transport areas).
Subsection (1) above shall not affect the duties of public passenger transport operators to co-operate with or afford information to— for the purpose of the discharge by any such Executive or council of its function of co-ordinating passenger transport services.
a Passenger Transport Executive;
a county council; or
a regional or islands council,
In this section " public passenger transport operators " means persons providing public passenger transport services within the meaning of section 1(2) of the Transport Act 1978.
If a small passenger-carrying vehicle is used for carrying passengers for hire or reward, it shall nevertheless be treated as not being a public service vehicle if and so long as—
the vehicle is specified in a permit under this section; and
the vehicle is being used neither for the carriage of members of the public at large nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit; and
the use of the vehicle is by the body to whom the permit was granted and in every respect in accordance with the conditions of the permit.
If a large passenger-carrying vehicle is used for carrying passengers for hire or reward, then, if and so long as the conditions set out in paragraphs (a) to (c) of subsection (1) above are satisfied, sections 12(1), 22 and 30 of this Act and section 23(2) of the Transport (London) Act 1969 (restrictions on provision of London bus services) shall not apply to the driving or use of the vehicle.
Permits under this section may be granted— but in the exercise of their discretion under this subsection traffic commissioners shall have regard to any directions (whether of a general or specific character) given to them by the Secretary of State.
in the case of small passenger-carrying vehicles, by the traffic commissioners for the traffic area in which the vehicle concerned is ordinarily kept to any body appearing to them to be concerned with education, with religion, with social welfare or with other activities for the benefit of the community; and
in the case of small or large passenger-carrying vehicles, by a body designated in an order under subsection (4) below either to itself or to any other body to whom, in accordance with the order, it is entitled to issue a permit;
The Secretary of State may by order designate for the purpose of this section bodies appearing to him to be concerned with education, with religion, with social welfare or with other activities for the benefit of the community and, with respect to any body designated by it, any such order—
shall specify the classes of bodies to whom the designated body may grant permits under this section;
may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless the permit contains such conditions as may be so specified; and
may require the designated body to make returns with regard to the permits granted by it.
Different provision may be made by orders under subsection (4) above in relation to large passenger-carrying vehicles from that made in relation to small passenger-carrying vehicles.
The power to make an order under subsection (4) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and in the next two following sections— and any reference to a vehicle being used for carrying passengers for hire or reward shall be construed in accordance with section 1(5) of this Act.
shall be liable—
" school bus ", in relation to a local education authority, means a motor vehicle which is used by that authority to provide free school transport.
" small passenger-carrying vehicle " means a vehicle which is adapted to carry more than eight but not more than sixteen passengers;
A permit under section 42 of this Act shall be in such form as may be prescribed under section 44 of this Act and, subject to subsection (5) below, shall specify—
the body to whom it is granted ; and
the vehicle in respect of which it is granted.
In addition to any conditions contained in it by virtue of section 42(4)(b) of this Act, a permit under that section shall contain such conditions as the traffic commissioners or other body granting it consider appropriate including, in particular, conditions—
limiting the passengers who may be carried in the vehicle in pursuance of the permit to persons falling within such classes as may be specified in the permit; and
with respect to such other matters as may be prescribed under section 44 of this Act.
A permit under section 42 of this Act may not be so varied as to substitute another body for the body to whom it was granted or another vehicle for the vehicle to which it relates but, subject thereto,—
a permit under that section which is granted by a body designated under subsection (4) thereof may be varied or revoked by that body or, after consultation with that body, by the traffic commissioners for any traffic area in which the vehicle concerned has been used in pursuance of the permit; and
a permit under that section which is granted by the traffic commissioners for any traffic area may be varied or revoked by them.
A permit under section 42 of this Act shall remain in force until—
it is revoked under subsection (3) above ; or
in the case of a permit granted by a body designated under section 42(4), that body ceases to be so designated.
If, having regard to the nature of a body to which they propose that a permit under section 42 of this Act should be granted, traffic commissioners or a body designated under subsection (4) of that section consider it appropriate, they may grant a permit under that section to a named individual on behalf of the body, rather than to the body itself; but a permit so granted shall be treated for the purposes of section 42 and subsection (3) above as granted to the body on whose behalf it is held.
The Secretary of State may by regulations prescribe—
the form of permits under section 42 of this Act and the matters of which account is to be taken under section 43 (2)(b) of this Act in determining the conditions of such a permit;
the fees to be charged by traffic commissioners for the issue of such permits;
the documents, plates and marks to be carried by vehicles used in pursuance of such permits and the manner and position in which they are to be carried;
the conditions to be fulfilled by persons driving vehicles whilst they are being used in pursuance of such permits ; and
the conditions as to fitness which are to be fulfilled by small passenger-carrying vehicles used in pursuance of such permits.
Regulations made by virtue of any of paragraphs (a) to (d) of subsection (1) above may make different provision in relation to large passenger-carrying vehicles from that made in relation to small passenger-carrying vehicles.
Subsection (1) or, as the case may be, subsection (2) of section 42 of this Act shall not apply to a vehicle at any time when it is used in such circumstances that there is a contravention of any provision of regulations made by virtue of any of paragraphs (c) to (e) of subsection (1) above.
Before making regulations containing any provision made by virtue of paragraph (e) of subsection (1) above, the Secretary of State shall consult with bodies or persons appearing to him to be representative of— and with such other bodies or persons as he considers appropriate.
bodies using vehicles in pursuance of permits under section 42 of this Act;
local authorities;
persons providing public transport services ;
persons employed in the provision of public transport services; and
manufacturers of motor vehicles ;
Regulations containing any provision made by virtue of paragraph (d) or paragraph (e) of subsection (1) above may contain such transitional provisions as the Secretary of State thinks fit.
where on an application in that behalf the traffic commissioners for any traffic area grant a road service licence in respect of a community bus service—
the licence shall state that it is granted in respect of such a service;
the conditions specified in subsection (2) below shall be attached to the licence ; and
such provision as is mentioned in subsection (3) below may be included in the licence with respect to the use of the community bus otherwise than in the operation of the community bus service.
The conditions to be attached in every case to a road service licence granted in respect of a community bus service are— and the powers conferred by section 32(3) and (5) of this Act to alter, remove or dispense from compliance with conditions attached to a road service licence shall not apply to conditions attached under this subsection.
that any vehicle used in the course of the service is adapted to carry more than eight but not more than sixteen passengers;
that the driver of any vehicle being used in the course of the service—
is a volunteer; and
if not the holder of a public service vehicle driver's licence, fulfils any prescribed conditions for drivers of community buses;
that any vehicle used in the course of the service fulfils the prescribed conditions of fitness for use as a community bus; and
that there is displayed on any vehicle being used in the course of the service such disc or other document issued by the traffic commissioners as may be prescribed for a vehicle used as a community bus;
Traffic commissioners on granting a road service licence in respect of a community bus service may, if they are satisfied that in all the circumstances it is reasonable to do so with a view to providing financial support for that service, include in the licence provision authorising the use of the community bus as a contract carriage or as an express carriage (or both), subject to such restrictions (if any) as the commissioners think fit to impose; and where such provision is included in a licence, the conditions attached under subsection (2) above to the licence shall apply to the use of the community bus as a contract carriage or express carriage as they apply to the use of a vehicle in the course of the community bus service.
Sections 6, 9, 12(1) and 22 of this Act shall not apply to the driving or use of a vehicle in the course of a community bus service or in the course of its use as a contract carriage or express carriage in accordance with any such provision as is mentioned in subsection (3) above.
Where a community bus service is provided in whole or in part in Greater London, that service or part shall not be regarded as a London bus service within section 23 of the Transport (London) Act 1969 (under which the agreement or consent of the London Transport Executive is required instead of a road service licence); but where the traffic commissioners of the Metropolitan Traffic Area propose— they shall consult the London Transport Executive about the proposal.
to grant a road service licence in respect of such a service; or
to vary the conditions attached to such a licence,
Subsection (7) of section 30 of this Act shall apply in relation to a condition attached to a road service licence under subsection (2) above as it applies in relation to a condition so attached under section 32 of this Act; and, for the purposes of sections 69 to 72 and 74 of this Act, an offence under the said subsection (7) as applied by this subsection shall be treated as an offence under Part III of this Act.
Regulations may provide that, in relation to any community bus service provided in whole or in part within a trial area, the preceding provisions of this section shall have effect with such additions, omissions, alterations or other modifications as may be prescribed.
In this section—
“local authority” has the meaning given by section 579(1) of the Education Act 1996;
in pursuance of arrangements under sections 3 or 4 of the Learner Travel (Wales) Measure 2008, or
Subject to subsection (2) below, a local authority may— and sections 6, 8, 9, and 12(1) of this Act shall not apply to a school bus belonging to a local authority in the course of its use by the authority in accordance with this subsection.
use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;
use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . service;
Subsection (1) above does not affect the duties of a local authority in relation to the provision of free school transport or authorise a local authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.
In this section—
“traffic commissioner” means a commissioner appointed under section 4;
" passenger transport business " means any business which consists of or includes the carrying of passengers for hire or reward;
this Act; and
any other statutory provision (whenever passed or made) relating to public service vehicles in which "public service vehicle" is defined directly or indirectly by reference to the provisions of this Act.
In the application of this section to Scotland—
for the references to a local authority there shall be substituted references to an education authority;
in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and
“free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)
Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his, or of another traffic commissioner— if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision.
to grant or refuse an application for a PSV operator’s licence; or
to grant or refuse an application for the variation of a PSV operator’s licence,
A traffic commissioner may only review a decision under subsection (1) above—
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) above 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) above are to be or may be served, including provision as to the circumstances in which and 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 of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.
For the purposes of this Act an experimental area is any area in Great Britain for the time being designated in accordance with the following provisions of this section as an area in relation to which the requirements of this Act as to public service vehicles may be modified.
The Secretary of State may by order so designate any area consisting of the whole or a part of the area of a local authority. The Secretary of State, if requested to do so as regards any such area by the local authority concerned, shall so designate the area in question.
An order under subsection (2) above, other than one for altering the area designated by a previous order under that subsection, shall specify the period (starting with the day on which the order comes into operation, and not exceeding two years) for which it is to have effect; and at the end of the period so specified the order (and any other order in force under that subsection which amends it) shall cease to have effect unless continued in force by an order under subsection (4) below.
The Secretary of State— but the period of extension or further extension provided for in any one order under this subsection shall not exceed two years.
may from time to time by order extend or further extend the period for which any particular order in force under subsection (2) above is to have effect; and
if requested by the local authority whose area is or contains the experimental area designated by such an order to extend or further extend the period for which the order is to have effect, shall so extend or further extend that period accordingly;
Before making any order under this section in respect of an area the Secretary of State shall consult with the local authority concerned, with such organisations as appear to him appropriate as representing persons providing or employed in the provision of public passenger transport services in the area, and with such other organisations or bodies as appear to him appropriate.
Any power conferred by this section to make orders shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section, in section 48 of this Act and in Schedule 5 to this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
forges or alters, or uses or 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,
In relation to an experimental area the local authority concerned shall have the powers conferred by this section.
The local authority concerned may grant authorisations in respect of the use of vehicles for the carriage of passengers for hire or reward, whether or not at separate fares—
within the experimental area or within one or more parts of that area; or
within the experimental area and also on journeys falling partly within the experimental area and partly outside that area including, subject to subsection (5) below, journeys falling partly within the area of another local authority.
An authorisation under this section may be either—
a general authorisation, applying (according to its terms) either—
to private vehicles generally; or
to private vehicles adapted to carry not more than a specified number of passengers, being a number less than sixteen; or
a special authorisation issued to a specified person and applying to such one or more private vehicles or commercial vehicles as may be specified in the authorisation.
An authorisation under this section shall specify the experimental area to which it relates and shall either—
state that it applies to the whole of that area ; or
specify the part or parts of that area to which it applies; or
state that it applies to the whole of that area and also covers journeys of the kind mentioned in subsection (2)(b) above.
A special authorisation granted by a local authority which is expressed to cover journeys of the kind mentioned in subsection (2)(b) above shall be of no effect within the area of another local authority unless granted with that other authority's consent.
An authorisation under this section shall be granted only with the approval of the Secretary of State, given either for that particular authorisation or generally for authorisations of a class or description into which that authorisation falls. An approval under this subsection given for a class or description of special authorisations may be limited so as to apply only to the grant of authorisations of that class or description containing conditions of a kind specified in the approval.
Schedule 5 to this Act shall have effect with respect to authorisations under this section,
Nothing in subsection (8) above shall affect the operation of section 40 of this Act.
In this section and in Schedule 5 to this Act— and references to the carrying of passengers for hire or reward shall be construed in accordance with section 1(5) of this Act.
A person who, with intent to deceive—
A local authority may make with any person whose use of a motor vehicle is covered by an authorisation under section 48 of this Act the like arrangements for the grant of travel concessions by that person as the authority have power to make under section 138(3) of the Transport Act 1968 (travel concessions) with a person who operates a public service vehicle undertaking.
Subsections (4) and (5) of the said section 138 shall, so far as applicable, apply in relation to arrangements under this section as they apply in relation to arrangements under subsection (3) of that section; and in this section " local authority " and " travel concession " have the same meaning as in the said section 138.
An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Upper Tribunal against any decision of a traffic commissioner—
to refuse to grant the licence in accordance with the application; or
to attach any condition to the licence otherwise than in accordance with the application.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Upper Tribunal .
to refuse an application by the holder for the variation or removal of any condition attached to the licence;
to vary any such condition, or to attach any new condition to the licence, otherwise than on an application by the holder; or
to revoke or suspend the licence or to curtail its period of validity.
The holder of a PSV operator’s licence may appeal to the Upper Tribunal against any decision of a traffic commissioner—
to refuse his application for the variation or removal of any condition attached to the licence; or any undertaking recorded in it
to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or
to revoke or suspend the licence ... .
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 49A of this Act; and
has been certified by a traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,
Where— is aggrieved by the order or direction he may appeal to the Upper Tribunal.
the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or
any person in respect of whom any such order or direction has been made or given;
A traffic commissioner— may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Upper Tribunal and, if an appeal is made, until it is disposed of.
making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;
making any such order or giving any such direction as is mentioned in subsection (5) above;
A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State
Where a traffic commissioner has given a direction under subsection (6) above he or another traffic commissioner may withdraw it at any time.
the grant, revocation or suspension of a road service licence; or
the attachment of any condition to a road service licence or the variation or removal of any condition attached to such a licence.
If a traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Upper Tribunal ... .
any local authority in whose area the service, or any part of the service, is being or is to be provided under the licence; and
any person providing transport facilities along or near the route, or part of the route, of the service which is being or is to be provided under the licence,
A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.
This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).
On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the traffic commissioners or, as the case may be, to the certifying officer for giving effect to his decision; and it shall be the duty of the traffic commissioners or certifying officer to comply with any such directions.
On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.
A person applying for— may appeal to the Secretary of State against the refusal of an examiner to issue such a certificate.
a certificate of initial fitness under section 6 of this Act; or
a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the person who appealed to the Secretary of State,
any person who had a right to appeal to the Secretary of State against the relevant decision of the traffic commissioners but did not exercise that right; and
the traffic commissioners whose decision was appealed against
An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.
On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the examiner for giving effect to his decision; and it shall be the duty of the examiner to comply with any such directions.
An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.
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, and the grant of, PSV operators’ licences ... ;
applications under section 16(6) of this Act and the grant of such applications;
applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to a traffic commissioner and the issue of certificates on such applications;
the continuation in force of PSV operators’ licences;
the issue of operators’ discs under section 18 of this Act;
applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and
applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;
by the traffic commissioner for each traffic area ... in respect of—
applications for, and the issue of, licences to drive public service vehicles; and
the provision by the traffic commissioner ... of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.
A traffic commissioner ... may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with— until the fee or instalment in question has been paid.
any such application as is mentioned in subsection (1) above;
the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;
the issue of any certificate, disc or other document referred to in subsection (1) above; or
the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,
If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—
the application shall be treated as withdrawn at that time;
any decision made on the application ceases to have effect at that time; and
any licence granted in pursuance of such a decision terminates at that time.
Any fees received by a traffic commissioner by virtue of this section ... shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—
the application shall be treated as withdrawn at that time;
any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of— is not duly paid by the prescribed time, the licence terminates at that time.
the continuation in force of the licence; or
the issue of operators’ discs under section 18(2C) of this Act,
If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect 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 (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
Where a traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to— during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.
report any matter to the Secretary of State; or
give him notice of any alteration,
There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . traffic commissioners, . . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, or II . . . of this Act, including any expenses incurred in connection with the employment of police officers as . . . vehicle examiners.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.
Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons a single inquiry may be held in response to those requests.
Subject to any provision made by regulations, any inquiry held under this section shall be public.
Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.
to so much of the hearing of any such application as is devoted to determining whether the commissioners are satisfied as mentioned in section 34(1) or 35(1) of this Act; or
to the remainder of the hearing of any such application in the case of which the commissioners have determined that they are so satisfied.
Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.
Regulations may make provision, in relation to orders under subsection (5) above, as to—
the method of calculating the amount of any costs incurred as mentioned in that subsection; and
the maximum amount which may be ordered to be paid under such an order.
Any amount so ordered to be paid by any person may be recoverable from him—
in England and Wales, as a debt due to the Crown; or
in Scotland, by the Secretary of State.
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 be disclosed, so long as that trade or business continues to be carried on, except— and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
with the consent of the person for the time being carrying it on;
for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below or under the 2009 Regulation or the 2011 Regulation; or
with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment or the 2009 Regulation or the 2011 Regulation (including proceedings before the Upper Tribunal);
The enactments referred to in subsection (8)(b) and (c) above are—
sections 12 to 21 of this Act; ...
sections 24 to 28 of the Transport Act 1985
the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.
The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Each traffic commissioner shall make an annual report to the Secretary of State on his proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . .
Each traffic commissioner ... shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by ... him under this Act and shall allow the record to be inspected at all reasonable times by members of the public.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.
This section applies in any case where it appears to a traffic commissioner that there is a clerical error in a document purporting to record, or which is issued in consequence of, a decision taken by any traffic commissioner in the exercise of his functions.
In any such case, the traffic commissioner may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.
A PSV operator’s licence ... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.
A PSV operator’s licence ... held by an individual terminates if he—
dies, or
is made bankrupt or has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or
becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.
In relation to a PSV operator’s licence ... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.
A traffic commissioner may—
direct that the termination of a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the commissioner that there are special circumstances, eighteen months, and
authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioner may impose.
In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).
Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.
A PSV operator’s licence . . . shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.
Subject to the provisions of this Act, provision may be made by regulations as to the procedure on— and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.
applications for the grant of PSV operator’s licences, . . . or licences to drive public service vehicles,
applications or proposals for the variation of conditions attached to PSV operators’ licences . . . ,
the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and
the surrender of licences,
The Secretary of State may make regulations . . . for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the forms to be used for the purpose of this Act;
applications for and issue of licences and of certificates of initial fitness;
the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;
the documents, plates and marks to be carried by, and the information to be displayed in or on public service vehicles and the manner in which they are to be carried or it is to be displayed;
the badges to be worn by drivers of public service vehicles;
the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to traffic commissioners . . . , of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;
the carriage of luggage and goods on public service vehicles or tramcars;
the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle or tramcar and fixing the charges made in respect thereof;
the equipment to be carried by public service vehicles;
for providing that this Act or, any provision thereof, shall have effect in relation to— with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;
public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and
public service vehicles registered outside Great Britain,
Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—
make different provision as respects different areas; and
make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.
In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State.
Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which 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.
The Secretary of State may by order provide that, as regards persons residing in the Metropolitan Traffic Area or any specified part of that area, the functions of the commissioner of police of the metropolis of granting licences to drive public service vehicles, or any class of such vehicles, shall be transferred to the traffic commissioners for the Metropolitan Traffic Area; but no order under this subsection conferring any power, or imposing any duty, on the said commissioner of police shall be made save with the concurrence of the Secretary of State concerned.
An order under subsection (1) above may make such adaptations and modifications of this Act as may be necessary for giving effect to the transfer of functions effected by the order.
Without prejudice to the foregoing provisions of this section, the Secretary of State may by order suspend the operation of subsection (2) of section 53 of this Act.
The powers conferred on the Secretary of State by this section shall be exercisable by statutory instrument.
As respects the Metropolitan Traffic Area, the Metropolitan Public Carriage Act 1869 and the London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.
As respects the Metropolitan Traffic Area, no local authority shall exercise under the Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.
This section applies to the following documents and other things, namely—
a licence under Part II ... of this Act;
a certificate of initial fitness under section 6 of this Act;
a control document issued in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395);
a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
a notice removing a prohibition under section 9 of this Act;
an operator’s disc under section 18 of this Act;
a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes), or
on conviction on indictment, to imprisonment for a term not exceeding two years;
on summary conviction, to a fine not exceeding the statutory maximum.
In the application of this section to England and Wales—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
otherwise, in the exercise of any function of the authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who knowingly makes a false statement for the purpose of— shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obtaining the grant of a licence under Part II . . . of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;
obtaining the issue of a certificate of initial fitness under section 6 of this Act;
obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
obtaining the issue of an operator’s disc under section 18 of this Act; ...
obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person; or
obtaining the issue of a control document in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018;
If a person issues which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
a certificate of initial fitness under section 6 of this Act; or
a notice removing a prohibition under section 9(1) of this Act;
If a constable, an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document.
The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.
Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . ) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.
The provisions referred to in subsection (1) above are—
sections 19(5), 20(4), 24(2) ..., 25(3), 26(2), . . . , 67 and 70(3); . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.
The provisions referred to in subsection (3) above are—
sections 6(2), . . ., 12(5), 16(7), 18(4), 26(2), and 27(2); . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the provisions of this section proceedings for an offence under Part II . . . of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by a traffic commissioner, a chief officer of police, or the council of a county or district.
Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . of this Act—
the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.
A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings in England or Wales for an offence under Part II . . . of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable— shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.
that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or
that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or
that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—
unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.
In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.
Where on a summary trial in England or Wales of an information for an offence under Part II . . . of this Act— the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
it is proved to the satisfaction of the court, on oath or in a manner prescribed by Criminal Procedure Rules, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused in accordance with Criminal Procedure Rules; and
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence. For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Where an offence under Part II . . . of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where under any of the provisions of this Act an inquiry is held by the Secretary of State—
notice of the inquiry may be given and published in accordance with Such general or special directions as the Secretary of State may give;
the Secretary of State and, if authorised by him, the person appointed to hold the inquiry, may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law;
the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths;
the Secretary of State may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred, and any amount so certified and directed by the Secretary of State to be paid by any person shall be recoverable from that person, and shall be so recoverable, in England or Wales, either as a debt to the Crown or by the Secretary of State summarily as a civil debt, and in Scotland by the Secretary of State.
If a person fails without reasonable excuse to comply with any of the provisions of an order under paragraph (b) of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding £200.
Where the running of public service vehicles is restricted or prohibited by any provision contained in— the Secretary of State may, on the application of any person affected by the restriction or prohibition, by order made by statutory instrument modify or revoke the restriction or prohibition.
a local Act (including an Act confirming a provisional order) passed before the commencement of subsection (2) of section 43 of the Transport Act 1980; or
an instrument made before the commencement of that subsection under any such local Act,
At any time when a vehicle would apart from section 1(4)of this Act be a public service vehicle, it shall continue to be treated as such for the purposes only of provisions contained in a local Act, in sections 10 to 23 of the Civic Government (Scotland) Act 1982, in the Private Hire Vehicles (London) Act 1998 or in Part II of the Local Government (Miscellaneous Provisions) Act 1976, which regulate the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and exclude public service vehicles from the scope of that regulation.
If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of—
Part II of the Local Government (Miscellaneous Provisions) Act 1976, or
any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.
If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the Private Hire Vehicles (London) Act 1998.
But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.
In this section—
“large buses” means public service vehicles within paragraph (a) of that subsection.
References in this Act to a traffic area constituted for the purposes thereof by a particular designation are references to the area described by that designation in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990.
Subsection (1) above has effect subject to the powers of the Secretary of State under section 3 of this Act to vary the provisions of this Act constituting traffic areas; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The signed maps, and any substituted therefor by virtue of section 3 of this Act, shall be for all purposes conclusive evidence of the extent of the respective areas whose boundaries are delineated thereon; and a copy of any such map purporting to be printed under the superintendence or authority of Her Majesty's Stationery Office shall be of equal validity with the original.
For the purposes of this Act—
regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator’s licence to another under a hiring arrangement; and
where regulations under paragraph (a) above do not apply, the operator of a vehicle is—
the driver, if he owns the vehicle; and
in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Act, unless the context otherwise requires—
“relevant enhanced criminal record certificate” means an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children.
“tramcar” includes any carriage used on any road by virtue of an order made under the Light Railways Act 1896;
References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.
Any reference in this Act to an EU instrument or to a particular provision of such an instrument—
is a reference to that instrument or provision as amended from time to time, and
if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.
In this Act—
any reference to a county shall be construed in relation to Wales as including a reference to a county borough;
any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
A provision of an Act other than this Act or of an instrument having effect under an enactment not repealed by this Act which (however expressed) defines “public service vehicle”, . . . by reference to the Road Traffic Act 1930 or the Road Traffic Act 1960 shall have effect as if it provided that that expression should be construed in like manner as if it were contained in this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is hereby declared that nothing in this Act is to be treated as conferring on the holder of a licence granted thereunder any right to the continuance of any benefits arising from, or from a licence granted under, this Act, or from any conditions attached to any such licence.
In the event of an undertaking by which a service of public service vehicles is provided being purchased compulsorily by a local or public authority, that part of the value of the undertaking attributable directly or indirectly to this Act shall not be taken into account.
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.
The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
The Secretary of State may by order made by statutory instrument repeal section 10 of this Act from such day as may be specified in the order, and any such order may include provision, to take effect on that day, for the repeal of sections 6(1)(b), 51(1)(b), 65(1)(c) and 66(c) of this Act.
This Act shall have effect subject to the transitional provisions set out in Schedule 6 to this Act.
The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.
The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Public Passenger Vehicles Act 1981.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act does not extend to Northern Ireland.
In this Schedule— Regulations may make provision for any purpose of this Schedule or regulations under it as to— Regulations made by virtue of sub-paragraph (2)(b) above may, in particular, provide that the owner of a motor vehicle at a particular time is to be taken to be any person in whose name the vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994.
Regulations may provide that where an authorised person has reason to believe that a public service vehicle adapted to carry more than 8 passengers is being, or has been, used on a road in contravention of section 12(1) of this Act, the person may detain the vehicle and its contents. Regulations made by virtue of sub-paragraph (1) above may not authorise a person other than a constable in uniform to stop a vehicle on any road.
Regulations may, in connection with the detaining of a vehicle by virtue of paragraph 2 above, make provision with respect to any of the following— Regulations under this paragraph must include provision requiring passengers who have been travelling on the vehicle to be transported in safety to their destination or to a suitable place from which to continue their journey.
Regulations may provide that, before a vehicle is removed by virtue of paragraph 6 below, an authorised person may— Regulations may also provide— In this paragraph “immobilisation notice” means a notice—
Regulations may provide that a person— 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) above 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— be removed and delivered into the custody of a person (the “nominated custodian”) specified in the direction. Regulations may provide that the nominated custodian must be a person who— Arrangements falling within sub-paragraph (2) above may include provision for the payment of a sum to a person into whose custody any property is delivered. Regulations may also provide that an authorised person who has given a direction by virtue of sub-paragraph (1) above in respect of a vehicle may allow the driver of the vehicle to deliver persons or property falling within sub-paragraph (5) below to their destination or some other suitable place, before delivering the vehicle into the custody of the nominated custodian. The persons and property are—
This paragraph applies in relation to any property— Regulations may make provision for informing persons who may be entitled to any such property that it has been so detained or, as the case may be, that it remained on a vehicle so detained. The provision that may be made by virtue of sub-paragraph (2) above includes provision requiring—
Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 above to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9 below.
Regulations must make provision enabling the owner of a vehicle which has been detained by virtue of paragraph 2 above to apply to a traffic commissioner for the return of the vehicle. Regulations may, in particular,— Regulations must prescribe the grounds upon which the owner may apply for the return of the vehicle. The grounds prescribed under sub-paragraph (3) above must include each of the following—
Regulations must make provision— Regulations must 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 must provide that—
if a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) above is made out, the traffic commissioner must order the nominated custodian to return the vehicle to the owner; and
if a traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the nominated custodian, in such manner as may be prescribed.
Regulations must 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 above, any vehicle detained by virtue of paragraph 2 above may be sold or destroyed in such manner as may be prescribed.
Regulations may provide that the nominated custodian may retain custody of any property falling within sub-paragraph (2) below until— The property is— Regulations may also make provision as to— The nominated custodian may not sell or destroy any property unless—
Regulations must provide that while any property is in the custody of a nominated custodian, it is the duty of the nominated custodian to take such steps as are necessary for the safe custody of that property. Any such provision is subject to the powers of the nominated custodian to sell or destroy property by virtue of this Schedule.
Regulations must provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above— 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 14 or 16 above. The provision that may be made by virtue of sub-paragraph (1) above includes provision— Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) above must be made by way of summary application.
Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of the powers of such a person under regulations made by virtue of this Schedule 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 is guilty of an offence if— Regulations may provide that a person guilty of such an offence is liable—