Public Passenger Vehicles Act 1981

• (b) any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.

• (5) For the purposes of sub-paragraph (3)(b) above a road transport offence is—

• (a) an offence under the law of any part of the United Kingdom relating to road transport including in particular—

• (i) an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and

• (ii) any other offence concerning professional liability; or

• (b) any corresponding offence under the law of a country or territory outside the United Kingdom.

• (6) 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.

• (7) 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.

• (8) 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.

• (9) 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.

• (10) 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.

Appropriate financial standing

2

• (1) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Professional competence

3

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.

4

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.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

• (1) ... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—

• (a) he has demonstrated that he possesses the requiste skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or

• (b) 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.

• (1A) 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.

• (2) 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.

• (3) 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.

7

• (1) In paragraph 6 above—

• (a) “approved body” means—

• (i) a body approved by the Secretary of State for the purposes of that paragraph; or

• (ii) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967; or

• (iii) a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU);

• (b) “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed.

• (2) 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).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 4, 5

Applications for designation orders

1

• (1) 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.

• (2) For the purposes of any notice under this paragraph a " relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.

2

• (1) Before making such an application the local authority concerned shall also notify—

• (a) every local authority (if any) whose area adjoins the area specified in the application;

• (b) every district council whose area is wholly or partly comprised in, or adjoins, the area so specified;

• (c) any person who is already providing a stage carriage service in the area so specified ; and

• (d) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services in the area so specified.

• (2) In this paragraph " public passenger transport services" has the meaning given by section 1(2) of the Transport Act 1978.

3

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.

Variation or revocation of designation orders

4

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—

• (a) shall notify—

• (i) every local authority (if any) whose area adjoins the trial area in question ;

• (ii) every district council whose area adjoins the trial area;

• (iii) any person who is for the time being providing a stage carriage service in the trial area; and

• (iv) 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

• (b) shall consult with every district council whose area is wholly or partly comprised in the trial area.

5

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.

6

• (1) 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.

• (2) 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.

• (3) 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.

SCHEDULE 5

General authorisations

1

There shall by virtue of this paragraph be attached to every general authorisation the following conditions—

• (a) 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 ;

• (b) any such journey must be made without previous advertisement to the public;

• (c) vehicles used in pursuance of the authorisation must not stand or ply for hire ;

• (d) any carriage of passengers by a vehicle in pursuance of the authorisation must be carriage for which arrangements were made before the journey began.

2

• (1) A general authorisation shall be granted by resolution of the local authority concerned.

• (2) Paragraph 13 below applies in relation to any such resolution.

3

• (1) 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—

• (a) increase the number specified in pursuance of section 48(3)(a)(ii) of this Act; or

• (b) in the case of an authorisation which does not apply to the whole of an experimental area, add one or more other parts of the experimental area to that or those previously specified in accordance with section 48(4) of this Act, or make the authorisation apply to the whole of the experimental area.

• (2) Paragraph 13 below applies in relation to any such resolution.

Special authorisations

4

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.

5

• (1) 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—

• (a) the persons by whom the specified vehicle or vehicles may be used in pursuance of the authorisation;

• (b) the routes on which the specified vehicle or vehicles are to be used in pursuance of the authorisation;

• (c) the timetables to be observed with respect to specified journeys;

• (d) the advertisement of services provided by means of any specified vehicle;

• (e) the points at which passengers may be taken up or set down ;

• (f) the rates of payment to be charged to passengers ;

• (g) any other matter which appears to the authority to be appropriate having regard to local circumstances.

• (2) Paragraph 13 below applies in relation to the grant of a special authorisation.

6

• (1) The local authority concerned—

• (a) may by notice in writing given to the specified person vary the conditions attached to a special authorisation under paragraph 5 above, either on the initiative of the authority or on an application in that behalf made to them by the specified person; and

• (b) if so directed by the Secretary of State, shall so vary those conditions in accordance with the direction.

• (2) 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.

• (3) 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.

7

A special authorisation shall not be transferable.

Duration of authorisations

8

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.

Revocation of authorisations

9

The local authority concerned may revoke an authorisation at any time, and shall do so if so directed by the Secretary of State.

10

• (1) Revocation of a general authorisation shall be effected by resolution of the local authority concerned.

• (2) Revocation of a special authorisation shall be effected by giving notice of its revocation to the specified person.

• (3) 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—

• (a) in the case of a general authorisation, by order ; or

• (b) in the case of a special authorisation, by giving notice of its revocation to the specified person.

• (4) Paragraph 13 below applies in relation to the revocation of a general authorisation or special authorisation.

Special authorisations requiring the consent of other local authorities

11

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.

General

12

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.

13

• (1) A local authority shall before—

• (a) passing any resolution in pursuance of paragraph 2, 3 or 10(1) above for the purpose of granting, varying or revoking a general authorisation ; or

• (b) granting or revoking a special authorisation. give the appropriate notice in one or more relevant newspapers; and where a local authority intend to revoke a special authorisation they shall also give the appropriate notice in writing to every district council, London borough council, parish council and, in Scotland or Wales, community council who may in the opinion of the local authority be affected by the revocation of the authorisation.

• (2) In sub-paragraph (1) above " the appropriate notice " means—

• (a) not less than 21 days' notice of intention to consider a resolution or grant a special authorisation; and

• (b) not less than 56 days notice of intention to revoke a special authorisation.

• (3) 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.

• (4) The local authority may—

• (a) pass any resolution; or

• (b) grant any special authorisation,

in respect of which notice has been given under sub-paragraph (1) above either with or without modifications.

• (5) As soon as may be after—

• (a) a local authority have passed any such resolution as is mentioned in sub-paragraph (1)(a) above ; or

• (b) the Secretary of State has made an order under paragraph 10(3)(a) above for the purpose of revoking a general authorisation,

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.

• (6) 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.

• (7) 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.

14

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.

SCHEDULE 6

Periods of time

1

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.

Saving for transitional provisions and savings in orders under section 70(5) and (6) of Transport Act 1980

2

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.

Certificates of initial fitness

3

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.

4

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.

SCHEDULE 7

Local Government (Miscellaneous Provisions) Act 1953 (c.26)

1

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) ”.

Local Government (Omnibus Shelters and Queue Barriers) . (Scotland) Act 1958 (c.50)

2

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) ”.

Finance Act 1965 (c.25)

3

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 ”.

Road Traffic Regulation Act 1967 (c.76)

4–8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

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. "

6

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 ".

7

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 ".

8

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 ".

Transport Act 1968 (c.73)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 159(1) of that Act—

• (a) 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

• (b) 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 ”.

Transport (London) Act 1969 (c.35)

11

In section 23 of the Transport (London) Act 1969—

• (a) 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. ”;

• (b) in subsection (7) in the definition of “road service licence” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ” and for the definition of “service of express carriages” there shall be substituted—

“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.

Road Traffic Act 1972 (c.20)

12–15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 37(5) of that Act after the words " 1967" there shall be inserted the words " or the Public Passenger Vehicles Act 1981) ".

14

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 ".

15

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. "

Road Traffic (Foreign Vehicles) Act 1972 (c.27)

16

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 ”.

17

In section 7(1) of that Act—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) 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 ”.

18

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 ”.

Local Government (Miscellaneous Provisions) Act 1976 (c.57)

19

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 ”.

20

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 ”.

Energy Act 1976 (c.76)

21

In paragraph 1 of Schedule 1 to the Energy Act 1976—

• (a) 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 ”;

• (b) in sub-paragraph (1)(d) for the words “section 14” there shall be substituted the words “ section 40 ”; and

• (c) 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 ”.

22

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 ”.

Transport Act 1978 (c.55)

23

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 ”.

Transport Act 1980 (c.34)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of initial fitness (or equivalent) required for use as public service vehicles.

9A

• (1) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14A

• (1) 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.

• (2) 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.

• (2A) 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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this section “local authority” means—

• (a) 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

• (b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (5) 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).

16A

• (1) On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

• (a) 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

• (b) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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.

17A

• (1) 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.

• (2) 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.

23A

• (1) 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.

• (2) In this section—

• “driving test condition”, in relation to an applicant for a licence to drive a public service vehicle of any type, means a condition as to the provision of facilities for, or the passing of, a practical test of his ability to drive a public service vehicle of that type;

• “licencing authority” shall be construed in accordance with section 22(2) of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49A

• (1) 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—

• (a) to grant or refuse an application for a PSV operator’s licence; or

• (b) to grant or refuse an application for the variation of a PSV operator’s licence,

if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision.

• (2) A traffic commissioner may only review a decision under subsection (1) above—

• (a) 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;

• (b) 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

• (c) where neither paragraph (a) nor paragraph (b) above 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) 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).

• (4) 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.

Appeals to the Secretary of State.

56A

• (1) 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.

• (2) 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.

Issue of false documents.

66A

• (1) If a person issues

• (a) a certificate of initial fitness under section 6 of this Act; or

• (b) a notice removing a prohibition under section 9(1) of this Act;

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.

• (2) 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.

• (3) The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.

79A

• (1) 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—

• (a) Part II of the Local Government (Miscellaneous Provisions) Act 1976, or

• (b) 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.

• (2) 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.

• (3) 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.

• (4) In this section—

• “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and

• “large buses” means public service vehicles within paragraph (a) of that subsection.

Appointment and terms of office of deputies to traffic commissioners in Scotland

Staff of traffic commissioners

Local Government (Miscellaneous Provisions) Act 1953 (c. 26)

Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50)

Finance Act 1965 (c. 25)

Transport Act 1968 (c. 73)

Transport (London)Act 1969 (c. 35)

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Energy Act 1976 (c. 76)

Transport Act 1978 (c. 55)

Editorial notes