Transport Act 1980

Part I — Public Service Vehicles

Preliminary

Preliminary

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Definition and classification of public service vehicles

Definition of " public service vehicle "

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• (1) Subject to the provisions of this section, in this Part "public service vehicle" means a motor vehicle (other than a tramcar) which—

• (a) being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or

• (b) 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.

• (2) For the purposes of subsection (1) 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.

• (3) 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, II or III of Schedule 1 are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.

• (4) 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—

• (a) 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

• (b) the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began;

and for the purposes of paragraph (a) the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.

• (5) For the purposes of this section, section 3 and Schedule 1—

• (a) 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;

• (b) 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;

• (c) 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.

• (6) 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) 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.

Classification of public service vehicles as stage, express or contract carriages

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• (1) For the purpose of this Part—

• (a) a " stage carriage " is a public service vehicle being used in the operation of a local service;

• (b) an " express carriage " is a public service vehicle being used in the operation of an express service ; and

• (c) a " contract carriage " is a public service vehicle being used to carry passengers otherwise than at separate fares;

and references in this Part to use as a stage, express or contract carriage shall be construed accordingly.

• (2) In this section—

• (a) " local service" means a service for the carriage of passengers by road at separate fares, not being an express service;

• (b) " 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) are satisfied.

• (3) The conditions referred to in subsection (2)(b) are—

• (a) 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—

• (i) the place where he is set down is 30 miles or more, measured in a straight line, from the place where he was taken up ; or

• (ii) some point on the route between those places is 30 miles or more, measured in a straight line, from either of those places ; and

• (b) either—

• (i) the service is an excursion or tour; or

• (ii) 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.

• (4) Where, in the case of any service for the carriage of passengers by road at separate fares, the condition specified in subsection (3) (a) is satisfied as regards any part of the service taken in isolation, but not as regards the service as a whole—

• (a) that part of the service shall be treated for the purposes of subsections (2) (b) and (3) 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

• (b) 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.

• (5) 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 are fulfilled.

Road service licences

Road service licences

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• (1) Subject to section 13 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.

• (2) 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.

• (3) Where a stage carriage service is proposed to be provided ©n 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.

• (4) Subject to subsection (5) and section 9(2), 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.

• (5) Subsection (4) does not apply

• (a) to a road service licence held by a local education authority or, in Scotland, an education authority ;

• (b) to a road service licence granted in respect of a community bus service within the meaning of section 5 of the Transport Act 1978.

• (6) If a stage carriage service is provided in contravention of subsection (1), the operator of the service shall be liable on summary conviction to a fine not exceeding £200.

• (7) If a condition attached under section 6 or 7 to a road service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding £200.

• (8) 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.

Grant of road service licences

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• (1) 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.

• (2) Where an application for the grant of a road service licence is made, the traffic commissioners—

• (a) shall grant the licence unless they are satisfied that to do so would be against the interests of the public ; and

• (b) 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.

• (3) In considering under subsection (2) 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 commissioners shall in particular have regard to—

• (a) 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 ;

• (b) 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

• (c) any objections or other representations made to the commissioners in the prescribed manner which in their opinion are relevant.

• (4) In subsection (3) " the local authorities concerned" means—

• (a) in Greater London, the Greater London Council;

• (b) elsewhere in England and Wales, county councils ; and

• (c) in Scotland, regional and islands councils.

• (5) 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—

• (a) the Greater London Council, any London borough council and the Common Council of the City of London;

• (b) any county council or district council in England or Wales; and

• (c) any regional, islands or district council in Scotland.

Attachment to road service licences of conditions as to matters other than fares

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• (1) Subject to subsection (2) 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 5 (3) (a) to (c), and may in particular attach thereto such conditions as they think fit (having regard as aforesaid) for securing—

• (a) that suitable routes are used in providing any service which may be provided under the licence;

• (b) that copies of the timetable and fare-table are carried and are available for inspection in vehicles used on any such service;

• (c) 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,

and generally for securing the safety and convenience of the public, including persons who are disabled.

• (2) No such condition as to fares as is mentioned in section 7(1) shall be attached under this section to a road service licence.

• (3) The traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—

• (a) altering, in such manner as they think fit having regard to the interests of the public, any condition attached to the licence ; or

• (b) removing any condition attached to the licence, if they think fit having regard to those interests ; or

• (c) attaching to the licence any such condition or additional condition as they think fit having regard to those interests.

• (4) Where the holder of such a licence makes an application to the traffic commissioners requesting them to exercise their powers under subsection (3), 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.

• (5) 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—

• (a) 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

• (b) that such a dispensation would not be against the interests of the public.

Attachment to road service licences of conditions as to fares

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• (1) Subject to subsection (3) and 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) 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.

• (2) Subject to subsection (3), the traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—

• (a) altering in such manner as they think fit any condition as to fares attached under subsection (1) to the licence ; or

• (b) removing any condition as to fares so attached to the licence.

• (3) The traffic commissioners shall not exercise their powers under subsection (1) or their powers of alteration under subsection (2) in any particular case unless satisfied that the proposed exercise of those powers in that case is essential in the interests of the public—

• (a) to protect the public from unreasonable use by the holder of the licence of his position as such; or

• (b) to regulate the terms of competition between stage carriage services on any route or routes.

• (4) 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), the commissioners—

• (a) shall remove all the conditions attached under subsection (1) 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); and

• (b) shall not exercise their powers of alteration under subsection (2) unless satisfied that the proposed exercise of those powers is consistent with their reasons for not removing all the conditions attached under subsection (1) to the licence.

• (5) Compliance with any condition attached to a road service licence under subsection (1) may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied—

• (a) 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

• (b) that such a dispensation would not be against the interests of the public.

• (6) 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.

• (7) A person who fails to supply within the prescribed time any particulars which he is required to supply under subsection (6) shall be liable on summary conviction to a fine not exceeding £200.

• (8) A person who in purporting to comply with subsection (6) 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.

Grant of road service licences for services on routes not otherwise served

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• (1) 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—

• (a) 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

• (b) in relation to the application and to the licence granted on it, sections 5 and 6 shall have effect as if section 5(2) to (4) and, in section 6(1), the words " and in particular to the matters mentioned in section 5(3)(a) to (c) " were omitted.

• (2) Every road service licence granted in pursuance of this section shall include a statement that it is so granted.

• (3) No appeal shall lie under section 28 from a decision of the traffic commissioners to refuse to grant a road service licence in pursuance of this section.

Grant of road service licences for certain excursions or tours

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• (1) 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—

• (a) that the proposed service would not compete directly with—