Public Passenger Vehicles Act 1981

[^key-d910b4d1e8c99983c4fc74a2926a3a0a]: Words in s. 72(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 7(b)

[^key-982b563c16b4e54ecfe2e53ed1d9b607]: S. 61(2) excluded (28.11.2022) by 1985 c. 67, s. 135(1A) (as inserted (S.) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 2(3)(a) (with s. 126); S.S.I. 2022/332, reg. 2, sch.)

[^key-78a69581aa03e3c7c540f89532906ea5]: S. 6(1)(d)(ai) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(2)(a)

[^key-a0b5b06a3a71f774fc8423260bbe9f7c]: Words in s. 6(1)(d)(i) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(2)(b)

[^key-7ac74a7ddea77bf0bc5075cf5df8ea58]: Word in s. 6(1)(d)(ii) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(2)(c)

[^key-dbcc747759c87d96516632d59f082df3]: Words in s. 6(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(3)(a)

[^key-38e7a1804013466daf51e4233b2d5c75]: Words in s. 6(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(3)(b)

[^key-7a0235c0da644fbbf4181a3de600a9ef]: Words in s. 6(3) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 4(3)(c)

[^key-447eec0ff1def1a0518082eb29c07578]: Words in s. 4C(4)(e) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 68 (with s. 247)

[^key-91d883b44a14f859e196da6f1ab63381]: Words in s. 65(1)(ea) substituted (1.4.2025) by The Road Transport (International Passenger Services) (Amendment) Regulations 2024 (S.I. 2024/1370), regs. 1(2), 6(2)

[^key-2764efa4e1146319503e0e38eac0365d]: Words in s. 66(f) substituted (1.4.2025) by The Road Transport (International Passenger Services) (Amendment) Regulations 2024 (S.I. 2024/1370), regs. 1(2), 6(3)

[^key-fdd0f87503ed8e4c51b0652c91624e06]: Words in s. 82 omitted (1.4.2025) by virtue of The Road Transport (International Passenger Services) (Amendment) Regulations 2024 (S.I. 2024/1370), regs. 1(2), 6(4)

[^key-ca755fbd9da2195e9300c7b12feb849f]: S. 1(5)(b)(c) applied (3.2.2026) by Bus Services (Wales) Act 2026 (asc 2), ss. 1(7), 48(1)(a)

Appeals to the Upper Tribunal

Fare-paying passengers on school buses.

Protection of public interests.

12A

Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect.

SCHEDULE 2A

Interpretation

1

• (1) In this Schedule—

• “authorised person” means—an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, ora person acting under the direction of such an examiner;

• “contents”, in relation to a vehicle, means any goods carried by that vehicle which are not personal effects;

• “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984;

• “nominated custodian” is to be construed in accordance with paragraph 6(1) below;

• “operator”, in relation to a public service vehicle, means—the driver, if he owns the vehicle, orin any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do the work),but this is subject to any regulations that may be made under sub-paragraph (2)(a) below;

• “personal effects” means—any personal effects of any individual, andany articles being carried by a vehicle for the purpose of their delivery from one person to another.

• (2) Regulations may make provision for any purpose of this Schedule or regulations under it as to—

• (a) the person who is to be regarded as the “operator” of a public service vehicle in such circumstances as may be specified or described in the regulations;

• (b) the meaning of “owner” as regards a public service vehicle.

• (3) Regulations made by virtue of sub-paragraph (2)(b) above may, in particular, provide that the owner of a motor vehicle at a particular time is to be taken to be any person in whose name the vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994.

Detention of property

2

• (1) Regulations may provide that where an authorised person has reason to believe that a public service vehicle adapted to carry more than 8 passengers is being, or has been, used on a road in contravention of section 12(1) of this Act, the person may detain the vehicle and its contents.

• (2) Regulations made by virtue of sub-paragraph (1) above may not authorise a person other than a constable in uniform to stop a vehicle on any road.

The vehicle and any other property detained, the passengers, and any personal effects

3

• (1) Regulations may, in connection with the detaining of a vehicle by virtue of paragraph 2 above, make provision with respect to any of the following—

• (a) the vehicle;

• (b) any other property detained or to be detained by virtue of paragraph 2 above;

• (c) any passengers who have been travelling on the vehicle;

• (d) any personal effects remaining on the vehicle.

• (2) Regulations under this paragraph must include provision requiring passengers who have been travelling on the vehicle to be transported in safety to their destination or to a suitable place from which to continue their journey.

Immobilisation of vehicle

4

• (1) Regulations may provide that, before a vehicle is removed by virtue of paragraph 6 below, an authorised person may—

• (a) fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

• (b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

• (2) Regulations may also provide—

• (a) that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device must also fix to the vehicle an immobilisation notice (see sub-paragraph (3) below);

• (b) that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person; and

• (c) that an immobilisation notice must not be removed or interfered with except by or on the authority of an authorised person.

• (3) In this paragraph “immobilisation notice” means a notice—

• (a) indicating that an immobilisation device has been fixed to the vehicle,

• (b) warning that no attempt should be made to drive the vehicle or otherwise put it in motion, and

• (c) giving such other information as may be prescribed.

Offences relating to immobilisation

5

• (1) Regulations may provide that a person—

• (a) who removes or attempts to remove an immobilisation device fixed to a vehicle under regulations made by virtue of paragraph 4(1) above, but

• (b) who is not authorised to do so in accordance with paragraph 4(2)(b) above,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Removal and delivery of property into custody of nominated custodian

6

• (1) Regulations may make provision for an authorised person to direct that any property—

• (a) detained by virtue of paragraph 2 above, or

• (b) consisting of personal effects remaining on a vehicle so detained,

be removed and delivered into the custody of a person (the “nominated custodian”) specified in the direction.

• (2) Regulations may provide that the nominated custodian must be a person who—

• (a) is identified in accordance with prescribed rules,

• (b) has made arrangements with the Secretary of State, and

• (c) has agreed to accept delivery of the property in accordance with those arrangements.

• (3) Arrangements falling within sub-paragraph (2) above may include provision for the payment of a sum to a person into whose custody any property is delivered.

• (4) Regulations may also provide that an authorised person who has given a direction by virtue of sub-paragraph (1) above in respect of a vehicle may allow the driver of the vehicle to deliver persons or property falling within sub-paragraph (5) below to their destination or some other suitable place, before delivering the vehicle into the custody of the nominated custodian.

• (5) The persons and property are—

• (a) any passengers who have been travelling on the vehicle,

• (b) any contents of the vehicle,

• (c) any personal effects remaining on the vehicle.

Informing persons that their property has been detained etc

7

• (1) This paragraph applies in relation to any property—

• (a) which is detained by virtue of paragraph 2 above, or

• (b) which consists of personal effects that remained on a vehicle so detained.

• (2) Regulations may make provision for informing persons who may be entitled to any such property that it has been so detained or, as the case may be, that it remained on a vehicle so detained.

• (3) The provision that may be made by virtue of sub-paragraph (2) above includes provision requiring—

• (a) the publication by an authorised person of such notices as may be prescribed, and

• (b) the giving of notice by an authorised person to such persons as may be prescribed.

Return of vehicle

8

Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 above to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9 below.

Application to traffic commissioner for return of vehicle

9

• (1) Regulations must make provision enabling the owner of a vehicle which has been detained by virtue of paragraph 2 above to apply to a traffic commissioner for the return of the vehicle.

• (2) Regulations may, in particular,—

• (a) require notice of an application to be given to a traffic commissioner within such period as may be determined in accordance with the regulations;

• (b) require notice of an application to be made in such form as may be prescribed.

• (3) Regulations must prescribe the grounds upon which the owner may apply for the return of the vehicle.

• (4) The grounds prescribed under sub-paragraph (3) above must include each of the following—

• (a) that, at the time the vehicle was detained, the person using the vehicle held a PSV operator's licence (whether or not authorising the use of the vehicle);

• (b) that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 12(1) of this Act;

• (c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 12(1) of this Act, the owner did not know that it was being, or had been, so used;

• (d) that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 12(1) of this Act, the owner—

• (i) had taken steps with a view to preventing that use, and

• (ii) has taken steps with a view to preventing any further such use.

Hearings by traffic commissioner

10

• (1) Regulations must make provision—

• (a) enabling a traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9 above;

• (b) requiring a traffic commissioner to hold a hearing, if requested by a person who claims to be the owner;

• (c) as to the time within which the hearing must be held; and

• (d) subject to such provision as may be made by the regulations, for the hearing to be held in public.

• (2) Regulations must also provide that, if no hearing is held, the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received.

Consequences of the traffic commissioner's determination

11

Regulations must provide that—

• (a) if a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) above is made out, the traffic commissioner must order the nominated custodian to return the vehicle to the owner; and

• (b) if a traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the nominated custodian, in such manner as may be prescribed.

Appeal to Upper Tribunal from traffic commissioner

12

• (1) Regulations must provide for an appeal to the Upper Tribunal against the determination of the traffic commissioner.

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

Sale or destruction of vehicle where no application made under paragraph 9

13

Regulations may provide that, if no application is made to a traffic commissioner in accordance with regulations made by virtue of paragraph 9 above, any vehicle detained by virtue of paragraph 2 above may be sold or destroyed in such manner as may be prescribed.

Return or disposal of contents and personal effects

14

• (1) Regulations may provide that the nominated custodian may retain custody of any property falling within sub-paragraph (2) below until—

• (a) the property is returned, in accordance with the regulations, to a person who establishes entitlement to it; or

• (b) the property is sold or destroyed by the nominated custodian in such manner as may be prescribed.

• (2) The property is—

• (a) any property detained by virtue of paragraph 2 above;

• (b) any personal effects that remained on the vehicle so detained.

• (3) Regulations may also make provision as to—

• (a) the period within which a person who claims to be entitled to the property may make a claim for its return;

• (b) the requirements to be satisfied by a person who claims to be entitled to the property (including requirements as to the person's entitlement); and

• (c) the manner in which entitlement is to be determined where there is more than one claim to the property.

• (4) The nominated custodian may not sell or destroy any property unless—

• (a) such steps as may be required by regulations made by virtue of paragraph 7(2) above have been taken and no person has, before the expiry of the period referred to in sub-paragraph (3)(a) above, established an entitlement to the property; or

• (b) the condition of the property requires it to be disposed of without delay.

Custody of property

15

• (1) Regulations must provide that while any property is in the custody of a nominated custodian, it is the duty of the nominated custodian to take such steps as are necessary for the safe custody of that property.

• (2) Any such provision is subject to the powers of the nominated custodian to sell or destroy property by virtue of this Schedule.

Proceeds of sale

16

• (1) Regulations must provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above—

• (a) to be applied towards meeting expenses incurred by any authorised person in exercising functions by virtue of this Schedule; and

• (b) in so far as they are not so applied, to be applied in such other manner as may be prescribed.

• (2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—

• (a) the person claims, after the sale of property under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above, to be or to have been its owner;

• (b) the claim is made within a prescribed time of the sale; and

• (c) any other prescribed conditions are fulfilled.

Disputes

17

• (1) Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 14 or 16 above.

• (2) The provision that may be made by virtue of sub-paragraph (1) above includes provision—

• (a) for an application to be made to a magistrates' court or, in the case of an application made in Scotland, the sheriff;

• (b) for a court or the sheriff to order a sum to be paid by the Secretary of State.

• (3) Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) above must be made by way of summary application.

Obstruction of authorised person

18

Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of the powers of such a person under regulations made by virtue of this Schedule is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences as to securing possession of property

19

• (1) Regulations may provide that a person is guilty of an offence if—

• (a) the person makes a declaration with a view to securing the return of a vehicle under regulations made by virtue of paragraph 11 above;

• (b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 12(1) of this Act; and

• (c) the declaration is, to the person's knowledge, either false or in any material respect misleading.

• (2) Regulations may provide that a person guilty of such an offence is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; and

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

4A

• (1) One of the traffic commissioners shall be appointed by the Secretary of State to be the senior traffic commissioner.

• (2) The senior traffic commissioner shall have such functions as may be conferred or imposed by or under any of the following enactments—

• (a) section 4B below (deployment of traffic commissioners),

• (b) section 4C below (guidance and general directions),

or any other provision of this Act or any other enactment.

• (3) The senior traffic commissioner—

• (a) shall hold office for such period as the Secretary of State specifies when making the appointment; but

• (b) ceases to hold that office on ceasing to hold office as a traffic commissioner.

• (4) A traffic commissioner who has been the senior traffic commissioner is eligible for re-appointment as the senior traffic commissioner.

• (5) In the case of illness, incapacity or absence of the senior traffic commissioner, the Secretary of State may appoint another traffic commissioner to act as deputy for the senior traffic commissioner.

• (6) Where the office of senior traffic commissioner becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as senior traffic commissioner pending the appointment of a new senior traffic commissioner.

• (7) Any person appointed under subsection (6) above shall—

• (a) hold office for such period as the Secretary of State specifies when making the appointment; and

• (b) during that period be treated for all purposes as the senior traffic commissioner.

4B

• (1) In this section—

• (a) subsections (2) to (4) confer powers on the senior traffic commissioner in relation to traffic commissioners and deputy traffic commissioners for England and Wales; and

• (b) subsections (5) to (7) confer powers on the senior traffic commissioner in relation to the Scottish traffic commissioner and any deputy traffic commissioners for the Scottish traffic area.

• (2) The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of the functions of traffic commissioner for England and Wales as the senior traffic commissioner may determine—

• (a) in relation to such matters relating to England and Wales, or

• (b) as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may determine.

• (3) The senior traffic commissioner may require any traffic commissioner for England and Wales to carry out such of those functions as the senior traffic commissioner may determine at such places—

• (a) in England and Wales, or

• (b) in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may determine.

• (4) Subsections (2) and (3) above also apply in relation to a deputy traffic commissioner for England and Wales as they apply in relation to a traffic commissioner for England and Wales, construing the references to functions accordingly.

• (5) The senior traffic commissioner may require the Scottish traffic commissioner to carry out as respects England and Wales such of the functions exercisable by the Scottish traffic commissioner in relation to reserved matters by virtue of section 4(3B)(b) of this Act as the senior traffic commissioner may determine.

• (6) The senior traffic commissioner may require the Scottish traffic commissioner to carry out such of those functions as the senior traffic commissioner may determine at such places in England and Wales as the senior traffic commissioner may determine.

• (7) Subsections (5) and (6) above also apply in relation to a deputy traffic commissioner for the Scottish Traffic Area as they apply in relation to the Scottish traffic commissioner, construing the references to functions accordingly.

• (8) In this section—

• “deputy traffic commissioner for the Scottish Traffic Area” means any person appointed under paragraph 3 or 4 of Schedule 2 to this Act to act as deputy in the case of the Scottish traffic commissioner;

• “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.

4C

• (1) The senior traffic commissioner may give to the traffic commissioners—

• (a) guidance, or

• (b) general directions,

as to the exercise of their functions under any enactment.

This subsection is subject, in relation to Scotland, to subsection (5) below and, in relation to Wales, to subsection (6) below.

• (2) The guidance that may be given under subsection (1)(a) above includes guidance as to—

• (a) the meaning and operation of any enactment or instrument relevant to the functions of traffic commissioners;

• (b) the circumstances in which, and the manner in which, a traffic commissioner should exercise any power to impose any sanction or penalty;

• (c) matters which a traffic commissioner should or should not take into account when exercising any particular function.

• (3) The directions that may be given under subsection (1)(b) above include directions as to—

• (a) the circumstances in which, and the manner in which, officers or servants of a traffic commissioner may exercise any function for or on behalf of the traffic commissioner, and any conditions which such officers or servants must meet before they may do so;

• (b) the information which a traffic commissioner must ask to be supplied in connection with the exercise of any particular function, and the steps which must be taken to verify the accuracy of any information so supplied;

• (c) the procedure to be adopted in conducting inquiries under section 54 of this Act, section 35 of the Goods Vehicles (Licensing of Operators) Act 1995 or any other enactment;

• (d) the manner in which a traffic commissioner must or may publish his decisions;

• (e) circumstances in which a traffic commissioner must consult some, or all, of the other traffic commissioners before exercising any particular function.

• (4) The senior traffic commissioner must consult each of the following persons before giving any guidance or directions under subsection (1) above—

• (a) the Secretary of State;

• (b) the Scottish Ministers, if the senior traffic commissioner considers it appropriate;

• (c) the Welsh Ministers, if the senior traffic commissioner considers it appropriate;

• (d) such of the other traffic commissioners as the senior traffic commissioner considers appropriate;

• (e) such organisations representative of the interests of local government, of London government, of Integrated Transport Authorities , of combined authorities established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, of combined county authorities established under section 9(1) of the Levelling-up and Regeneration Act 2023 and of Passenger Transport Executives as the senior traffic commissioner considers appropriate;

• (f) such organisations representative of the interests of users of public passenger transport services as the senior traffic commissioner considers appropriate;

• (g) such organisations representative of passenger transport operators, and of road haulage operators, as the senior traffic commissioner considers appropriate;

and such other persons as the senior traffic commissioner considers appropriate.

• (5) The only guidance or directions under this section which the senior traffic commissioner may give to the Scottish traffic commissioner are guidance or directions as to the exercise of functions that relate to reserved matters within the meaning of the Scotland Act 1998.

• (6) The senior traffic commissioner may not give guidance or directions under this section as to the exercise of a function so far as the function could (apart from paragraph 8 of Schedule 7B to the Government of Wales Act 2006) be conferred or imposed by provision falling within the legislative competence of the National Assembly for Wales.

4D

• (1) The Secretary of State may give the senior traffic commissioner guidance as to the exercise of any of the senior traffic commissioner's functions.

• (2) The senior traffic commissioner must have regard to any guidance given under subsection (1) above.

12B

• (1) Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV operator’s licence could be required.

• (2) The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 12(1) or 18(1).

• (3) In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

14ZA

• (1) The requirements of this section are set out in subsections (2) and (3).

• (2) The first requirement is that the traffic commissioner is satisfied that the applicant—

• (a) has an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation),

• (b) is of good repute (as determined in accordance with paragraph 1 of Schedule 3),

• (c) has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and

• (d) is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).

• (3) The second requirement is that the traffic commissioner is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—

• (a) is of good repute (as determined in accordance with paragraph 1 of Schedule 3),

• (b) is professionally competent (as determined in accordance with paragraph 6 of Schedule 3), and

• (c) in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—

• (i) is not prohibited from being so designated by a traffic commissioner, and

• (ii) is not designated to act as transport manager for a greater number of road transport operators or in respect of a greater number of vehicles than the traffic commissioner considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the commissioner considers appropriate (see Article 4.3 of the 2009 Regulation).

14ZB

The requirement of this section is that the traffic commissioner is satisfied that the applicant —

• (a) is of good repute (as determined in accordance with paragraph 1 of Schedule 3), and

• (b) has appropriate financial standing (as determined in accordance with paragraph 2 of Schedule 3).

14ZC

• (1) The requirement of this section is that the traffic commissioner is satisfied —

• (a) that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

• (b) that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

• (2) In considering whether the requirement of this section is satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application and may assume those undertakings will be fulfilled.

• (3) Where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by the commissioner under subsection (2) that the commissioner considers to be material to the granting of the application must be recorded in the licence issued to the applicant

Determinations in respect of transport managers

7A

• (1) A traffic commissioner must not in any proceedings under this Act or the 2009 Regulation make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice—

• (a) stating that the question whether the transport manager is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

• (b) setting out the nature of the allegations against the transport manager;

• (c) stating that the transport manager is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on the transport manager; and

• (d) stating that the transport manager is entitled to request an inquiry as provided in section 54.

• (2) Where a transport manager makes representations under this paragraph, the traffic commissioner must consider the representations—

• (a) in considering whether or not an inquiry should be held as provided in section 54; and

• (b) in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

• (3) The traffic commissioner must hold an inquiry as provided in section 54 if the transport manager requests one under sub-paragraph (1)(d).

• (4) A notice is deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the transport manager at the transport manager’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the transport manager.

7B

• (1) In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.

• (2) If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.

• (3) While a disqualification under sub-paragraph (2) is in force—

• (a) the person may not act as transport manager for any road transport undertaking;

• (b) a certificate issued to the person under Article 8.8 of the 2009 Regulation or the 2009 Regulation (EU) (certificate of professional competence) is not valid.

• (4) A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order.

• (5) The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.

• (6) If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.

7C

• (1) A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2) or, with the consent of the disqualified person, vary the order.

• (2) The traffic commissioner by whom a disqualification order is made under paragraph 7B(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

• (3) Measures specified under sub-paragraph (2) may be varied by the traffic commissioner who made the order or another traffic commissioner —

• (a) on the application of the disqualified person, or

• (b) at the instigation of the traffic commissioner.

• (4) Before a variation is made under sub-paragraph (3)(b), a notice must be served on the disqualified person—

• (a) stating an intention to vary the measures specified under sub-paragraph (2),

• (b) stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and

• (c) stating that the person is entitled to request an inquiry as provided in section 54.

• (5) Where a person makes representations under this sub-paragraph, the traffic commissioner dealing with the matter must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2).

• (6) The traffic commissioner must hold an inquiry as provided in section 54 if the disqualified person requests one under sub-paragraph (4)(c).

• (7) A notice is deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.

Guidance to senior traffic commissioner by Secretary of State

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

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

Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

Deputy traffic commissioners for England and Wales

2A

• (1) The Secretary of State may appoint such number of persons to be deputy traffic commissioners for England and Wales as the Secretary of State thinks fit.

• (2) A deputy traffic commissioner for England and Wales—

• (a) may exercise any functions of a traffic commissioner in any traffic area in England and Wales; and

• (b) may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters.

• (3) Appointment as a deputy traffic commissioner for England and Wales shall be upon such terms and conditions, including conditions as to the time to be devoted to the duties of the office, as the Secretary of State may determine.

• (4) A deputy traffic commissioner for England and Wales shall carry out such of the functions of that office as the senior traffic commissioner may determine under section 4B of this Act—

• (a) in relation to such matters relating to England and Wales, or

• (b) as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may so determine.

• (5) A deputy traffic commissioner for England and Wales shall carry out such of those functions as the senior traffic commissioner may determine under section 4B of this Act at such places—

• (a) in England and Wales, or

• (b) in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may so determine.

• (6) In this paragraph “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.

2B

Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic Area only.

Appointment of acting traffic commissioner during vacancy

5A

• (1) Where the office of any traffic commissioner for England and Wales becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as a traffic commissioner for England and Wales pending the appointment of a new traffic commissioner under section 4 of this Act.

• (2) Any person appointed under sub-paragraph (1) above shall—

• (a) hold office for such period as the Secretary of State specifies when making the appointment; and

• (b) during that period be treated for all purposes (except those of paragraph 9 below) as a traffic commissioner for England and Wales.