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(1) Subject to subsection (2), a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—
(a) an application for an operator’s licence, or
(b) an application for the variation of such a licence in a case where section 17(3) required notice of the application to be published,
if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.
(2) The traffic commissioner may under subsection (1) review a decision only—
(a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;
(b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or
(c) (where neither paragraph (a) nor paragraph (b) applies), if he considers there to be exceptional circumstances that justify the review.
(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(4) The variation or revocation under this section of any decision shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.
(1) An applicant for, or for the variation of, an operator’s licence may appeal to the Transport Tribunal against the refusal of the application or (as the case may be) against the terms of the licence or of the variation.
(2) The holder of an operator’s licence may appeal to the Tribunal against any direction given under section 5(9), 26(1) or (2), 27(1), 31 or 32 in respect of the licence.
(3) The holder of an operator’s licence may appeal to the Tribunal against any order made under section 26(6) on the suspension or curtailment of the licence.
(4) A person in respect of whom an order has been made under section 28(1) (including section 28(1) as it applies by virtue of section 28(5)) may appeal to the Tribunal against that order and against any direction given under section 28(4) (including section 28(4) as it so applies) when the order was made.
(5) A person who has duly made an objection to an application for, or for a variation of, an operator’s licence may appeal to the Tribunal against the grant of the application.
(6) A person who—
(a) within the prescribed period has made an application for a review under section 36, and
(b) has been certified by the traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,
may appeal to the Tribunal against the refusal of the application.
(7) In subsections (1) and (2) “operator’s licence” does not include an interim licence issued under section 24.
(1) A person is guilty of an offence if, with intent to deceive, he—
(a) forges, alters or uses a document or other thing to which this section applies;
(b) lends to, or allows to be used by, any other person a document or other thing to which this section applies; or
(c) 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.
(2) This section applies to the following documents and other things, namely—
(a) any operator’s licence;
(b) any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;
(c) any document evidencing the authorisation of any person for the purposes of sections 40 and 41;
(d) any certificate of qualification under section 49; and
(e) any certificate or diploma such as is mentioned in paragraph 13(1) of Schedule 3.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.
(1) A person is guilty of an offence if he knowingly makes a false statement for the purpose of—
(a) obtaining the issue to himself or any other person of an operator’s licence;
(b) obtaining the variation of any such licence;
(c) preventing the issue or variation of any such licence;
(d) procuring the imposition of a condition or limitation in relation to any such licence; or
(e) obtaining the issue to himself or any other person of a certificate of qualification under section 49 or a certificate or diploma such as is mentioned in paragraph 13(1) of Schedule 3.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the vehicles used under the licence in a fit and serviceable condition.
(2) Any person who obstructs an officer in the exercise of his powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) If an officer has reason to believe that—
(a) a document or article carried on or by the driver of a vehicle, or
(b) a document produced to him in pursuance of this Act,
is a document or article in relation to which an offence has been committed under section 38 or 39, he may seize that document or article.
(2) Where—
(a) a document or article is seized under subsection (1),
(b) no person has, within six months of the date on which the document or article was seized, been charged since that date with an offence in relation to it under section 38 or 39, and
(c) the document or article is still detained,
then any of the persons mentioned in subsection (3) may make an application to a magistrates' court or (in the case of an application made in Scotland) the sheriff.
(3) The persons who may make an application under subsection (2) are—
(a) an officer;
(b) the driver or owner of the vehicle;
(c) the person from whom the document was seized.
(4) On an application under subsection (2), the magistrates' court or the sheriff shall—
(a) make such order respecting the disposal of the document or article, and
(b) award such costs or (in Scotland) expenses,
as the justice of the case may require.
(5) Any application made under subsection (2) to the sheriff shall be made by way of summary application.
(1) In sections 40 and 41 “officer” means—
(a) an examiner appointed under section 66A of the [1988 c. 52.] Road Traffic Act 1988, or
(b) any person authorised for the purposes of sections 40 and 41 by the traffic commissioner for any area.
(2) The powers conferred by sections 40 and 41 on an officer shall be exercisable also by a police constable.
(1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.
(2) The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states—
(a) that, on any date, a person was or was not the holder of an operator’s licence issued by the commissioner;
(b) that, by virtue of a direction given by the commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date;
(c) the date of the coming into force of any operator’s licence issued by the commissioner;
(d) the date on which any operator’s licence issued by the commissioner ceased to be in force;
(e) the terms and conditions of any operator’s licence issued by the commissioner;
(f) that a person is by virtue of an order of the commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period;
(g) that a direction, having effect indefinitely or for a specified period, has been given by the commissioner under section 28(4) in relation to any person;
(h) that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by the commissioner under section 26(1); or
(i) that, by virtue of a direction given by the commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period.
(3) Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.
(1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Act, the traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed for the purpose by the Secretary of State.
(2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.
(1) 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—
(a) applications for, or for the variation of, operators' licences;
(b) the issue or variation of operators' licences;
(c) the continuation in force of operators' licences;
(d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.
(2) A traffic commissioner may decline to proceed with—
(a) any application for, or for the variation of, an operator’s licence, or
(b) the issue or variation of any operator’s licence,
until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.
(3) If, in the case of any application for, or for the variation of, an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—
(a) the application shall be treated as withdrawn at that time, and
(b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a direction, ceases to have effect or terminates at that time.
(4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.
(5) The traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (3) or (4) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
(6) Where, by virtue of such a direction, the effect of subsection (3)(a) is to be disregarded in any case, any termination—
(a) of an interim licence under section 24(5)(b) or (6), or
(b) of an interim direction under section 25(4),
by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.
(7) Where such a direction is given in respect of an operator’s licence—
(a) any condition attached to the licence under section 22 shall be treated as having been of no effect during the period beginning with the time when the licence terminated by virtue of subsection (3) or (4) above and ending with the time when the direction comes into force, and
(b) subject to paragraph (a), the traffic commissioner may vary any such condition as it applies in relation to events occurring before the direction comes into force.
(8) All fees payable under this Act, other than those payable under section 49, shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
(1) The Secretary of State may by regulations make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator’s licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.
(2) Regulations under this section may—
(a) modify or supplement any of the provisions of this Act, other than the excepted provisions, so far as appears to the Secretary of State to be necessary or expedient for or in connection with the purpose mentioned in subsection (1), and
(b) may contain such other supplementary and incidental provisions as appear to the Secretary of State to be requisite.
(3) In this Act “the excepted provisions” means the following provisions (which are provisions that reproduce the effect of provisions of the [S.I. 1984/176.] Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984), namely—
(a) sections 3, 4, 9(2) and (3)(b), 13(3), 15(5) and (6), 20, 22(2) to (5), 27 and 49;
(b) in section 58, in subsection (1), the definitions of “international transport operations”, “national transport operations”, “road transport undertaking” and “transport manager”, and subsection (4); and
(c) Schedule 3.
Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be specified in the regulations; but nothing in any such regulations may make modifications in any of the excepted provisions (within the meaning given in section 46(3)).
(1) Subject to any regulations under section 46, an operator’s licence is neither transferable nor assignable.
(2) Regulations may make provision enabling a traffic commissioner, where the holder of an operator’s licence issued by him has died or become a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983, to direct that the licence be treated—
(a) as not having terminated at the time when the licence-holder died or became a patient but as having been suspended (that is, as having remained in force but subject to the limitation that no vehicles were authorised to be used under it) from that time until the time when the direction comes into force; and
(b) as having effect from the time when the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(3) Regulations may make provision enabling a traffic commissioner in prescribed circumstances to direct that any operator’s licence issued by him is to be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(4) Regulations may make provision enabling a traffic commissioner to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3), that this Act is to apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence; but nothing in any such regulations shall permit the commissioner to modify the operation of any of the excepted provisions (within the meaning given in section 46(3)).
(5) In subsection (2) references to a person becoming a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983 include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.
(6) In this section “specified”, in relation to a direction, means specified—
(a) in the regulations under which the direction was given; or
(b) in the direction in accordance with those regulations.
(1) On an application made to him by a person wishing to engage in a road transport undertaking in a member State other than the United Kingdom, the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—
(a) the applicant’s repute,
(b) his professional competence, or
(c) (where relevant) his financial standing,
as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the other member State as regards the repute, professional competence and financial standing of persons engaged in road transport undertakings in that member State.
(2) A certificate of qualification shall—
(a) be in such form as the Secretary of State for Transport may specify; and
(b) have effect for the purposes of Article 3, 4 or (as the case may be) 5 of the 1977 Council Directive.
(3) No certificate of qualification shall be issued before a fee of £20 has been paid.
(4) The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.
(5) In this section “the appropriate person”—
(a) in relation to an applicant who holds only one operator’s licence, means the traffic commissioner who issued that licence;
(b) in relation to an applicant who holds more than one such licence, means the traffic commissioner who issued any one of those licences; and
(c) in relation to an applicant who holds no such licence, means the Secretary of State;
and in subsection (1) references to repute, professional competence or financial standing are to be construed in accordance with the 1974 Council Directive.
(6) All fees payable under this section shall be paid into the Consolidated Fund.
(1) Schedule 5 (which requires certain documents to be carried by the drivers of large goods vehicles and makes other provision in connection with such vehicles) shall have effect.
(2) This section and Schedule 5 shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and different provisions.
Section 6 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (time for bringing summary proceedings for certain offences) shall apply to an offence under section 9(3)(a) or (b), 38 or 39.
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the provisions of this Act or regulations made under it.
For the purposes of this Act the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.
Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
It is hereby declared that nothing in this Act is to be treated as conferring on the holder of an operator’s licence any right to the continuance of any benefits arising from this Act or from any such licence or from any conditions attached to any such licence.
In sections 248 and 249 of the [1960 c. 16.] Road Traffic Act 1960 (which give the Secretary of State power to hold inquiries for the purposes of that Act, and make general provision as to such inquiries) any reference to that Act shall be taken to include a reference to this Act, except that such a reference shall not be taken to include a reference to any of the excepted provisions (within the meaning given in section 46(3) above).
(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.
(2) In particular, but without prejudice to the generality of subsection (1), the Secretary of State may make regulations with respect to the following matters—
(a) the procedure on applications for, and the determination of questions in connection with, the issuing and variation of operators' licences and the procedure under, and the determination of questions for the purposes of, sections 26 to 32 and 36;
(b) the issue of operators' licences and the issue on payment of the prescribed fee of copies of such licences in the case of licences lost or defaced;
(c) the forms which operators' licences are to take in order to show a distinction—
(i) between a standard licence and a restricted licence; and
(ii) between a licence covering both international and national transport operations and a licence covering national transport operations only;
(d) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being used or authorised to be used under an operator’s licence;
(e) the custody, production, return and cancellation of operators' licences and of documents, plates and any other means of identification prescribed under paragraph (d);
(f) the payment of a prescribed fee in respect of any document, plate or other means of identification so prescribed that has been lost, defaced or broken;
(g) the notification to a traffic commissioner of vehicles which have ceased to be used under an operator’s licence;
(h) the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Act;
(i) the circumstances in which goods are to be treated for the purposes of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him.
(3) The power under subsection (2)(a) shall include power to require a person applying for an operator’s licence to state in his application—
(a) whether his application is for a standard licence or a restricted licence, and
(b) (if his application is for a standard licence) whether his application is for a licence to cover both international and national transport operations or for one to cover national transport operations only.
(4) The power under subsection (2)(d) shall include power to require that any means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence is required.
(5) The power under subsection (2)(d) shall also include power to make provision with respect to the means by which—
(a) any vehicle may be identified as being used under a standard licence or, as the case may be, a restricted licence; and
(b) any vehicle which is being used under a standard licence may be identified as being used under a licence that permits it to be used—
(i) for both international and national transport operations, or
(ii) for national transport operations only.
(6) The Secretary of State may make regulations for providing that any provision of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed.
(7) Any regulations under this Act may make—
(a) different provision for different cases or classes of case and different circumstances, and
(b) transitional provision,
and regulations made by virtue of subsection (2)(d) may make different provision for different traffic areas.
(8) A definition or description of a class of vehicles for the purposes of any regulation under this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatever.
(9) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(10) No regulations shall be made under section 30(3) unless a draft of them has been laid before, and approved by a resolution of, each House of Parliament.
(11) Any regulations made by the Secretary of State under this Act, other than regulations under section 30(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12) Before making any regulations under this Act the Secretary of State shall consult with such representative organisations as he thinks fit.
(13) Any power to make orders or regulations conferred on the Secretary of State by any provision of this Act shall be exercisable by statutory instrument.
(1) In this Act, unless the context otherwise requires—
“area”, in relation to a traffic commissioner, means the traffic area for which he is the traffic commissioner;
“articulated combination” means a combination made up of—
(a) a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and
(b) a trailer attached to it as described in paragraph (a);
“carriage of goods” includes haulage of goods;
“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;
“the 1974 Council Directive” means [O.J. No. L308.] Community Council Directive No. 74/561/EEC dated 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations, as amended by Community Council Directive No. 89/438/EEC dated 21 June 1989;
“the 1977 Council Directive” means [O.J. No. L212.] Community Council Directive No. 77/796/EEC dated 12 December 1977 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures to encourage such operators effectively to exercise their right of freedom of establishment, as amended by Community Council Directive No. 89/438/EEC dated 21 June 1989;
“driver”—
(a) where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; and
(b) in relation to a trailer, means the driver of the vehicle by which the trailer is drawn;
and “drive” shall be construed accordingly;
“functions” includes powers, duties and obligations;
“goods” includes goods or burden of any description;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted, but does not include a tramcar or trolley vehicle within the meaning of the [1988 c. 52.] Road Traffic Act 1988;
“holding company” and “subsidiary” have the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985;
“international transport operations” and “national transport operations” have the same meaning as in the 1974 Council Directive;
“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;
“motor vehicle” and “trailer” have the same meaning as in section 253 of the [1960 c. 16.] Road Traffic Act 1960;
“operating centre” has the meaning given in section 7(3);
“operator’s licence” has the meaning given in section 2(1);
“owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of section 41 of the [1988 c. 52.] Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this Act;
“restricted licence” has the meaning given in section 3(3);
“road”—
(a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; and
(b) in relation to Scotland, has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984;
Goods Vehicles (Licensing of Operators) Act 1995