Reform history

The provisions of Part V of the Transport Act 1968 (regulation of carriage of goods by road) relating to operators' licences shall be amended in accordance with Schedule 4 to this Act.

- (1) The Secretary of State may conduct experiments as to the effectiveness, safety and acceptability to the public of the construction in or on the surface of highways of artificial humps or depressions (in this section referred to as " road humps") designed to control the speed of vehicles, and for this purpose he may, subject to the following provisions of this section, construct, maintain and remove road humps in any highway maintainable at the public expense, within the meaning of the Highways Act 1959.

- (4) The Secretary of State shall consider any objections sent to him in accordance with a notice under subsection (3) above and, if he thinks fit, may cause a local inquiry to be held ; and section 279 of the Highways Act 1959 (provisions as to inquiries) shall have effect in relation to an inquiry caused to be held under this subsection as it has effect in relation to an inquiry caused to be held under that section.

- (a) to exercise the powers of a highway authority in relation to the placing, maintenance and removal of any traffic sign, within the meaning of the 1967 Act, relating to a road hump in a highway for which he is not the highway authority, and

- (8) Any road hump constructed in a highway in the exercise of the Secretary of State's powers under this section shall be so constructed and maintained that—

- (a) it does not raise the surface of the highway by more than 5 inches above, or lower that surface by more than 2 inches below, the surface of the highway on either side of the hump ; and

- (9) If and so long as a road hump is constructed and maintained in a highway in accordance with this section and the presence of the hump is indicated by a traffic sign of a type prescribed or character authorised under section 54 of the 1967 Act—

- (a) the road hump shall be treated as not constituting an obstruction to the highway ; and

- (2) In this section " flare "means a firework or other device designed to produce a light by a process of combustion.

In section 52 of the 1967 Act, as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 (charges for removing, storing and disposing of vehicles) after subsection (2) there shall be inserted the following subsection:—

> (2A) Without prejudice to subsection (2) above, where, by virtue of paragraph (a) or paragraph (b) of subsection (1) above, any sum is recoverable in respect of a vehicle by the chief officer of a police force or a local authority in whose custody the vehicle is, the chief officer or authority shall be entitled to retain custody of it until that sum has been paid.

- (1) In this Act—

- " the 1960 Act " means the Road Traffic Act 1960 ;

- " the 1967 Act " means the Road Traffic Regulation Act 1967; and

- " the 1972 Act " means the Road Traffic Act 1972.

- (3) The enactments specified in Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule

- (4) Except in its application to Northern Ireland, this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes; and an order bringing into operation any provision of Schedule 7 to this Act may contain such savings from the effect of the repeal concerned as the Secretary of State considers to be appropriate.

- (5) This Act, except section 20, does not extend to Northern Ireland, and in its application to Northern Ireland section 20 shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

## SCHEDULE 2

In section 62 (applications for operators' licences) after subsection (4) there shall be inserted the following subsections:—

> (4A) A person who has applied for an operator's licence shall forthwith notify the licensing authority if, in the interval between the making of the application and the date on which it is disposed of, a conviction occurs which, if the period of five years specified in paragraph (e) of subsection (4) of this section had not expired, would be a conviction falling within that paragraph; and for the purposes of this subsection an application shall be taken to be disposed of,—

In section 64(2) (requirements to be satisfied on an application for an operator's licence)—

- (a) at the end of paragraph (a) there shall be added the words " and to any conviction required to be notified in accordance with section 62(4A) thereof ".

- (b) at the end of paragraph (d) there shall be added the words " and that the place which is to be the operating centre for those vehicles is suitable for that purpose " , and

- (c) in paragraph (e), after the word " subsection " there shall be inserted the words " and of a suitable operating centre ".

- (1) In section 67 (duration of operators' licences and grant of interim licences) in subsection (2) (determination of expiry date of operators' licences) after the words " unless previously revoked" there shall be inserted the words " or prematurely terminated under section 69 of this Act. "

- (2) In subsection (3)(a) of that section (power of licensing authorities to direct that, in certain specified cases, the period relevant to the duration of an operator's licence shall be less than five years) for paragraphs (i) and (ii) there shall be substituted the words " if it appears to the licensing authority to be appropriate in the case of any applicant ".

- (3) In subsection (5) of that section (interim licences) after the words " 63 or " there shall be inserted the words " subsections (1) to (3) of section " and after the words " application for an operator's licence " there shall be inserted the words " but shall be so treated for the purposes of section 64(4) of this Act ".

- (1) In section 69 (revocation, suspension and curtailment of operators' licences), in subsection (1) after the word " suspended" there shall be inserted the words " terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act " and in paragraph (f) of that subsection after the word " suspension " there shall be inserted the words " premature termination ".

- (2) In subsection (4) of that section (which specifies the convictions which are grounds of revocation, etc.) in paragraph (a) after the words " agent of his " there shall be inserted the words " of an offence under section 46 of the Road Traffic Act 1972 (plating certificates and goods vehicle test certificates) or ", in paragraph (g) after the word " contravening " there shall be inserted " (i) " and at the end of that paragraph there shall be added the words

- (3) In subsection (6) of that section (where a person is disqualified from holding an operator's licence, the licensing authority may direct that in certain cases the licence of any company or person with whom the disqualified person is or becomes associated shall be liable to revocation, suspension or curtailment) after the word " suspension " there shall be inserted the words " premature termination ".

> (7A) Where a licensing authority directs that an operator's licence be suspended or curtailed, the authority may order that—

> (a) in the case of a suspension, any motor vehicle specified in the licence may not be used under any other operator's licence, notwithstanding any authorisation under section 61(1)(c) of this Act, or

> (b) in the case of a curtailment having the effect of removing any motor vehicle from the licence, the motor vehicle may not be used as mentioned in paragraph (a) above and shall not be capable of being effectively specified in any other operator's licence,

- (5) In subsection (8) of that section (cancellation of orders) for the words "or (7)" there shall be substituted the words " (7) or (7A) ".

> (c) make an order under subsection (7A) of this section in respect of any vehicle

- (7) In subsection (10) of that section (power of licensing authority to direct that certain directions and orders shall not take effect until expiry of time for appeal) for the words " or (7)" there shall be substituted the words " (7) or (7A) ".

##### 5

In section 70(1)(b) (rights of appeal in connection with certain directions and orders) after the word " whom " there shall be inserted the words " or the holder of an operator's licence which specifies a motor vehicle in respect of which " and for the word " (7)" there shall be substituted the word " (7A) ".

## SCHEDULE 5

## PART I — Summary Penalties Under Road Traffic Act 1960

## PART II — Summary Penalties Under Road Traffic Regulation Act 1967

## PART III — Summary Penalties Under Road Traffic Act 1972

## PART IV — Amendments Relating to Offences Punishable on Indictment or Summarily

##### 1

In section 233 of the 1960 Act (forgery, misuse, etc. of certain documents) in paragraph (b) of subsection (3) (penalty on summary conviction) for the words from " one hundred " to the end of the paragraph there shall be substituted the words " £200 ".

##### 2

In section 234 of the 1960 Act (falsification of records) in paragraph (b) (penalty on summary conviction) for the words from " one hundred " to the end of the paragraph there shall be substituted the words " £200 ".

##### 3

In section 86 of the 1967 Act (forgery, misuse, etc. of parking meter tickets) in paragraph (b) of subsection (2) (penalty on summary conviction) for the words from " £100 " to the end of the paragraph there shall be substituted the words " £200 ".

##### 4

- (1) In Schedule 4 to the 1972 Act (prosecution and punishment of offences) in the entries relating to sections 2, 5(1) and 6(1) of that Act, for the punishment specified in column 4 in relation to an offence punishable summarily there shall in each case be substituted the words " £400 or 4 months imprisonment ".

- (2) In the entries in that Schedule relating to sections 5(2) and 6(2) of that Act, for the punishment specified in column 4 in relation to an offence punishable summarily there shall in each case be substituted the words " £200 ".

- (3) In the entry in that Schedule relating to section 9(3) of that Act, in column 4, in paragraph (i) (the penalty on summary conviction where the offender was driving or attempting to drive) for the words from " 4 months " to the end of the paragraph there shall be substituted the words " £400 " and in paragraph (ii) (the penalty on summary conviction where the offender was in charge of the vehicle) for the words " 4 months or £100 or both " there shall be substituted the words " £200 ".

- (4) In the entry in that Schedule relating to section 99(b) of that Act,—

- (a) for the punishment specified in column 4 where the offence is punishable sumarily there shall be substituted the words " 3 months or £400 or both "; and

- (b) for the punishment specified in column 4 where the offence is punishable on indictment there shall be substituted the words " 12 months or a fine or both ".

- (5) In the entry in that Schedule relating to section 169(1) of that Act, for the punishment specified in column 4 in relation to an offence punishable summarily there shall be substituted the words " £200 ".

- (6) In the entry in that Schedule relating to section 175 of that Act, in column 4 for the words " £50 " (the maximum fine on summary conviction) there shall be substituted the words " £100 ".

## SCHEDULE 6

### The Road Traffic Act 1960

##### 1

- (1) In section 133 of the I960 Act (suspension of public service vehicle licences for defects in vehicles) in subsection (1), the proviso (where defects can be remedied suspension not to operate before the expiry of 48 hours unless the defects involve danger to the public) shall be omitted.

- (2) After subsection (2) of that section there shall be inserted the following subsections:—

> (2A) A suspension under this section shall, subject to any exemption granted under subsection (2B) of this section, become operative as soon as notice thereof has been given to the licensee under subsection (2) of this section if in the opinion of the certifying officer or public service vehicle examiner concerned the defects in the vehicle involve danger to the public.

> (2B) In any case not falling within subsection (2A) of this section, the suspension under this section shall, unless it is previously removed or it previously ceases and subject to any exemption under subsection (2C) of this section, become operative at such time not later than ten days from the date of the inspection as seems appropriate to the certifying officer or' public service vehicle examiner concerned, having regard to all the circumstances.

> (2C) Where a licence has been suspended under this section 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 as may be specified in the exemption and where any such officer or examiner grants any such exemption he shall forthwith give notice of it to the traffic commissioners who granted the licence.

> (2D) Where a licence has been suspended under this section any certifying officer or public service vehicle examiner may by endorsement on the notice given to the licensee under subsection (2) thereof vary its terms and, in particular, alter the time at which the suspension is to become operative or suspend it if it has become operative and where any such officer or examiner makes any such variation or alteration he shall forthwith give notice of it to the traffic commissioners who granted the licence.

##### 2

In section 144 of that Act (drivers' and conductors' licences) at the end of subsection (6) (duration of licence) there shall be added the following subsection:—

> (6A) Without prejudice to section 145(3) of this Act if, on the date on which an application is made for a licence to drive,

> or act as conductor of, 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

.

### The Airports Authority Act 1965

##### 3

In section 12 of the Airports Authority Act 1965 (control of road traffic within British Airports Authority aerodromes) in subsection (3) (order may exempt particular roads from application of road traffic enactments) for the words from " particular roads" to the end of the subsection there shall be substituted the words " such roads or lengths of roads to which the public does not have access as the Authority may for the time being identify as being so exempted by means of a sign of a type or character specified in the order ".

### The Road Traffic Regulation Act 1967

##### 4

In section 1 of the 1967 Act (traffic regulation orders outside Greater London) in subsection (3) (traffic regulation order may contain provisions regulating traffic either generally or subject to exceptions specified in the order) for the words "exceptions so specified, and " there shall be substituted the words " such exceptions as may be specified in the order or determined in a manner provided for by it and, subject to such exceptions as may be so specified or determined ".

##### 5

In section 6 of that Act (traffic regulation orders in Greater London) at the end of subsection (3) (places, times and traffic, etc. to which an order applies) there shall be added the following paragraph:—

> (e) subject to such exceptions as may be specified in the order or determined in a manner provided for by it

.

> (2A) The power of the Court of Appeal to suspend a person's disqualification under section 94A(2) of the Road Traffic Act 1972 may be exercised by a single judge in the same manner as it may be exercised by the Court.

> (2) The power of the Court of Appeal to suspend a person's disqualification under section 94A(3) of the Road Traffic Act 1972 may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.

## SCHEDULE 7