Transport Act 1982

In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsection—

(7A) Where the prescribed conditions are met in the case of any person, then— (a) if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and (b) if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them. The conditions that may be prescribed for the purposes of this susbection are conditions relating to the misuse of badges issued under this section. (7B) A notice under subsection (7A) above may be given by post. (7C) A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect. (7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time. (7E) Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.

.

Evidence in certain proceedings in Scotland

69

Payments in respect of applicants for exemption from wearing seat belts

70

• (1) The Secretary of State may make payments out of money provided by Parliament in respect of the examination of applicants falling within any class mentioned in subsection (2) below, being applicants for medical certificates required as a condition of any exception prescribed by regulations under section 33A or 33B of the 1972 Act (wearing of seat belts).

• (2) The classes referred to in subsection (1) above are—

• (a) those in receipt of—

• (i) attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992;

• (iA) a disability living allowance under section 71 of that Act;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed); or

• (iv) an allowance under article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 (constant attendance allowance);

• (v) mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners mobility supplement); or

• (vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force.

• (ab) those in receipt of personal independence payment;

• (ac) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517);

• (b) those in receipt of universal credit, income support , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), , any element of child tax credit other than the family element or working tax credit and their dependants;

• (bb) those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) and those persons who (within the meaning of that Act) are members of a couple the other member of which is in receipt of guarantee state pension credit;

• (c) those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the National Health Service (Scotland) Act 1978 or in receipt of grants under subsection (3) of that section in respect of invalid carriages or other vehicles which belong to them; and

• (d) those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act 1944.

• (3) The Secretary of State may by order amend subsection (2) above (whether as originally enacted or as previously amended under this subsection) so as to omit any of the classes mentioned in that subsection or add to or substitute for any of those classes other classes of any description.

Northern Ireland

71

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

• (b) shall be subject to annulment in pursuance of a resolution of either House.

Supplemental

Application to Crown

72

The following provisions of this Act, that is to say—

• (a) section 25; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

apply to vehicles and persons in the public service of the Crown.

Regulations and orders

73

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

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

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

• (4) Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . 76(2) of this Act . . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Regulations made under this Act may—

• (a) make different provision for different cases; and

• (b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

Minor and consequential amendments and repeals

74

• (1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

• (2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

General interpretation

75

In this Act—

• “the 1967 Act” means the Road Traffic Regulation Act 1967;

• “the 1972 Act” means the Road Traffic Act 1972;

• “prescribed” means prescribed by regulations made by the Secretary of State; and

• “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984.

Citation, commencement and extent

76

• (1) This Act may be cited as the Transport Act 1982.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes.

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

• (4) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provisions) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Except for Part I of this Act and the provisions mentioned in subsection (7) below, this Act shall not extend to Northern Ireland.

• (7) The provisions referred to in subsection (6) above are—

• (a) sections 66, 67 and 71 of this Act; and

• (b) the amendments in paragraphs 5 and 20 of Schedule 5 to this Act of, respectively, section 48(2) of the Transport Act 1968 and Part III of Schedule 1 to the House of Commons Disqualification Act 1975.

• (8) In subsection (4) above, “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.

SCHEDULES 1—3

SCHEDULE 2

SCHEDULE 3

PART I — Statutory Statement of Ownership or Hiring

1

• (1) For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person furnishing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

• (a) he was never the owner ; or

• (b) he ceased to be the owner before, or became the owner after, that time;

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

• (2) An official form for a statutory statement of ownership shall—

• (a) indicate that the person famishing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in tine manner specified in the form ; and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2

• (1) For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person furnishing it, being the person by whom a statement of liability was signed, and stating—

• (a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers ; and

• (b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

• (2) An official form for a statutory statement of hiring shall—

• (a) indicate that the person furnishing the statement in pursuance of a notice relating to an offence served under section 31 of this Act by virtue of section 45 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form ; and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

• (3) In sub-paragraph (1) above " statement of liability ", " hiring agreement" and " vehicle-hire firm " have the same meanings as in section 45 of this Act.

PART II — Statutory Statement of Facts

3

• (1) For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person furnishing it, which—

• (a) states that the person furnishing it was not the driver of the vehicle at the time of the alleged offence ; and

• (b) states the name and address at the time when the statement is furnished of the person who was the driver of the vehicle at the time of the alleged offence.

• (2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

• (3) An official form for a statutory statement of facts shall indicate—

• (a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence ;

• (b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he furnishes a statutory statement of facts signed by a person so identified ; and

• (c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence ;

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served furnishes a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

SCHEDULE 4

Part I — Provisions Inserted After Section 69 of the Transport Act 1968

Control of operating centres for goods vehicles on environmental grounds

Part II — Other Amendments of Transport Act 1968

Amendments consequential on Part I

1

In section 63 of the Transport Act 1968 (objections to grant of operators’ licences)—

• (a) in subsection (1) the words “Subject to subsection (2) of this section” shall be omitted ;

• (b) subsection (2) shall be omitted ; and

• (c) in subsection (3), for the words from “of which” to “this section” there shall be substituted the words “ for an operator’s licence ”.

2

In section 64 of that Act (grounds for objection to application for a licence under section 63 and decision of licensing authority on applications)—

• (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and

• (b) in subsection (3), after the words “subsection (4) of this section” there shall inserted the words “ and section 69B of this Act ”.

3

In section 68 of that Act (variation of operators’ licences)—

• (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and

• (b) in subsection (4), paragraph (a) shall be omitted, and for the words “the said section 63” (where first occurring) there shall be substituted the words “ section 63 of this Act ”.

4

In section 70(1)(b) of that Act (right of appeal for persons aggreived by certain directions or orders), after the words “69(1) to (7A)” there shall be inserted the words “ or 69F(1) ”.

5

In section 87(3) of that Act (inquiries by licensing authorities as to proposed exercise of powers under section 69), after “69” there shall be inserted the words “ or 69F ”.

6

In section 91 of that Act (regulations and orders for purposes of Part V)—

• (a) in paragraph (a), for the words “section 69” there shall be substituted the words “ sections 69 and 69F ” ; and

• (b) in paragraph (d), after “69” there shall be inserted the words “ or 69F ”.

7

In section 92 of that Act—

• (a) in subsection (1) (interpretation of particluar expressions used in Part V), the following definition shall be inserted at the appropriate point in alphabetical order—

• “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to recieve the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let

and

• (b) at the end of subsection (3) (construction of references to directing that an operator’s licence be curtailed), there shall be added the following paragraph—

(d) that any one or more of the places specified in the licence as operating centres be removed therefrom

.

Extension of right to object

8

In section 63 of that Act (objections to grant of operators’ licences)—

• (a) in subsection (3) (persons entitled to object) the following paragraph shall be inserted after paragraph (c)—

(d) a planning authority

and

• (b) in subsection (6) the following definitions shall be inserted after the definition of “local authority”—

“planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is (a) in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning Act 1971 (general planning control) ; and (b) in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control) ; “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 ; and

SCHEDULE 5

Road Traffic Regulation Act 1967 (c. 76)

1

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

2

In section 88 of the 1967 Act (penalty for aiding, abetting etc. commission of offences in Scotland), for the words " 43(2) or (3) or 80(8) " there shall be substituted the words " or 43(2) or (3) ".

3

In section 93 of the 1967 Act (inclusion in indictment in Scotland of certain summary offences), in subsection (2) for the words " 43(2) and (3) and 80(8)" there shall be substituted the words " and 43(2) and (3) ".

4

In section 95 of the 1967 Act (general power to hold inquiries), for the words " sections 80 and 81 " there shall be substituted the words " section 81 ".

Transport Act 1968 (c. 73)

5

• (1) The powers of the Scottish Transport Group under section 48(2) of the Transport Act 1968 shall include power to make premises held by them available for the exercise by authorised inspectors within the meaning of Part II of this Act of their functions; and, accordingly, that power shall be treated for the purposes of section 52 of the Transport Act 1968 as conferred by section 48(2).

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

6

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

Road Traffic Act 1972 (c. 20)

7

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

8

In section 43(6) of the 1972 Act (regulations as to tests of vehicles not subject to goods vehicle tests)—

• (a) after paragraph (a) there shall be inserted the following paragraph—

(aa) the imposition of restrictions with respect to the vehicles to be examined by inspectors appointed by any designated council;

; and

• (b) in paragraph (c), after the word " application ", in the second place where it occurs, there shall be inserted the word " examination ".

9

In section 45(6) of the 1972 Act (regulations as to examinations for plating and periodical tests of satisfactory condition of certain goods vehicles), in paragraph (h), after the word "application" there shall be inserted the word " examination ".

10

In section 50(1) of the 1972 Act (regulations for purposes of type approval requirements)—

• (a) at the end of paragraph (a) there shall be inserted the words " or designated under section 10(12) of the Transport Act 1982 ; " ; and

• (b) in paragraph (b), after the words " authorise the " there shall be inserted the word " cancellation ".

11

• (1) In section 82 of the 1972 Act (Interpretation of Part II), at the end of the definition of " official testing station " there shall be added the words " or premises designated by him under section 10(12) of the Transport Act 1982 ".

• (2) The following definition shall be inserted in that section immediately after the definition of " prescribed " —

• " prescribed testing authority " means such approved testing authority as may be prescribed ;

.

• (3) The following subsection shall be added at the end of that section as subsection (2)—

(2) References in any provision of this Part of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.

.

12

In section 83(5) of the 1972 Act (sums to be paid into Consolidated Fund), for " 58(5A)" there shall be substituted " 58 ".

13

• (1) In section 93(4) of the 1972 Act (extended period of disqualification in case of certain previous convictions), for " 6(1)" there shall be substituted " 6(1)(a) ".

• (2) For the purposes of section 93(4), as amended by paragraph 3 of Schedule 9 to the Transport Act 1981 and by sub-paragraph (1) above to refer to sections 6(1)(a) and 8(7) of the 1972 Act (which are among the new provisions substituted by the Transport Act 1981 for sections 6 to 12 of the 1972 Act), a previous conviction of an offence under the corresponding provision of the old law shall be treated as a conviction of an offence under the new provision.

• (3) In the case of section 6(1)(a) of the 1972 Act, as substituted by the Transport Act 1981, the corresponding provision of the old law for the purposes of sub-paragraph (2) above is section 6(1) of the 1972 Act, as it had effect immediately before that substitution.

• (4) In the case of section 8(7) of the 1972 Act, as so substituted, the corresponding provision of the old law for those purposes is section 9(3) of the 1972 Act, as it so had effect.

14

In section 182(1) of the 1972 Act (admissibility of records as evidence)—

• (a) after the word " vehicles " there shall be inserted the words " or of any records maintained with respect to vehicles by an approved testing authority in connection with the exercise by that authority of any functions conferred on such authorities, or on that authority as such an authority, by or under any enactment " ; and

• (b) after the words " the Secretary of State " (in the last place where they occur) there shall be inserted the words " or (as the case may be) by the approved testing authority ".

15

In section 188(4) of the 1972 Act (restriction on application of sections 45 to 51 and 62 to vehicles in public service of the Crown)—

• (a) for " 51 " there shall be substituted " 51A "; and

• (b) at the end of paragraph (a) there shall be inserted the words " or of authorised inspectors under section 8 of the Transport Act 1982 ; ".

16

In section 196(1) of the 1972 Act (general interpretation provisions), the following definition shall be inserted immediately before the definition of " bridleway " —

• " approved testing authority " means a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act;

.

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

17

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 7 of that Act (interpretation)—

• (a) in subsection (1), at the end of the definition of “official testing station” there shall be added the words “or premises designated by him under section 10(12) of the Transport Act 1982”; and

• (b) at the end of that subsection there shall be added the following subsection—

(1A) References in any provision of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.

.

Road Traffic Act 1974 (c. 50)

18

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

19

In Schedule 1 to the Road Traffic Act 1974 (statutory .statements)—

• (a) in paragraphs 1, 2(1) and 3, for the words "1 to 4 " there shall be substituted the words " 2 to 4 "; and

• (b) in paragraph 3, for the words from " either " to the end there shall be substituted the following paragraphs—

(a) states that the person furnishing it was not the driver of the vehicle at the relevant time; (b) states the name and address at the time when the statement is furnished of the person who was the driver of the vehicle at the relevant time ; and (c) is signed both by the person furnishing it and by the person stated to be the driver of the vehicle at the relevant time.

.

House of Commons Disqualification Act 1975 (c. 24)

20

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted in the appropriate place—

Director of any company eligible for loans under section 13 of the Transport Act 1982 (loans to Government-controlled company interested in former Government testing stations).

.

Public Passenger Vehicles Act 1981 (c. 14)

21

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

22

In section 52(1)(a) of that Act (fees for grant of licence), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to a traffic commissioner and the issue of certificates on such applications;

.

23

In section 82 of that Act (general interpretation provisions)—

• (a) in subsection (1), after the definition of “prescribed” there shall be inserted the following definition—

“prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed

and

• (b) the following subsection shall be inserted after subsection (1)—

(1A) References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.

.

24

The power conferred by section 87 of that Act to repeal section 10 of that Act and certain connected provisions by order includes power to make such other amendments in that Act and such amendments in this Act as are required in consequence of the repeal.

Transport Act 1981 (c. 56)

25

. . .

26

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

SCHEDULE 6

Bus Company’s powers of disposal.

Private-sector vehicle testing.

Provisions supplementary to section 8.

Approval of public service vehicles as type vehicles by prescribed testing authority.

Fees on the notification of alterations notifiable under section 45 or 48 of the 1972 Act.

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

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

Northern Ireland.

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

Control of operating centres for goods on environmental grounds

Operating centres for authorised vehicles to be specified in operators’ licences.

69A

• (1) A person may not use a place in the area of any licensing authority as an opertaing centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence.

• (2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will be an operating centre of the applicant if the licence is granted.

• (3) Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section.

• (4) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £500.

69B

• (1) Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operator’s licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.

• (2) In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable or prejudicially affecting the use or enjoyment of the land.

• (3) Where any objection or representations are duly made under this section in respect of any application for an operator’s licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.

• (4) Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence were granted, would be an operating centre of the holder of the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.

• (5) A licensing authority may not refuse an appliction for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—

• (a) the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or

• (b) the use of any such place already in use as an operating centre under an existing licence so granted.

• (6) Without prejudice to the power of a licensing authority to issue an operator’s licence subject to either or both of the modifications or limitations mentioned in section 64(4) of this Act, in any case where—

• (a) the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and

• (b) any place other that a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;

the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.

For the purposes of this subsection, a place referred to in any such statement given to a licensing authority by an applicant for an operator’s licence is unsuitable for use as an operating centre if the licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.

• (7) A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application shall not be treated as an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.

69C

• (1) Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence of any operating centre of the holder of the licence in the area of the authority.

• (2) The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

• (a) the number, type and size of motor vehicles or trailers which may at any one time be at any operating centre of the holder of the licence in the area of the authority for any prescribed purpose;

• (b) the parking arrangements to be provided at or in the vicinity of any such centre; and

• (c) the hours at which operations of any prescribed description may be carried on at any such centre.

• (3) Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section.

• (4) The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exercisable inaccordance with section 69D of this Act on an application by the holder for variation of the licence.

• (5) Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence.

• (6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding £500.

69D

• (1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—

• (a) that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or

• (b) that any condition attached to the licence under section 69C of this Act shall be varied or removed.

• (2) A person applying for the variation of an operator’s licence under this section shall give to the licensing authority such information as he may require for the discharge of his duties in relation to the application.

• (3) The licensing authority shall publish in the prescribed manner notice of any application for a variation under this section, unless the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.

• (4) Any person entitled to object to the grant of any application for a variation of which notice has been published under section 68(4) of this Act may object to the grant of any application for a variation of which notice has been published under section 68(4) or under subsection (3) of this section on either of the following grounds, that is to say—

• (a) that any place which, if the application for variation is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such; or

• (b) that the use in any manner which will be permitted if the application for the variation is granted of any operating centre of the holder of the licence will have adverse effects on the environmental conditions in the vicinity of that centre.

• (5) Subject to subsection (6) of this section, any person who is the owner or occupier of land in the vicinity of—

• (a) any place which, if the application for the variation is granted, will be an operating centre of the holder of the licence; or

• (b) any existing operating centre of the holder of the licence to which the application relates;

may make representations against the grant of any application for a variation of which a notice has been published under section 68(4) of this Act or under subsection (3) of this section on either grounds mentioned in subsection (4) of this section, but so far only as relates to that place or operating centre.

• (6) A person may not by virtue of subsection (5) of this section make representations against the grant of an application for variation of an operator’s licence unless any adverse effects on the environmental conditions arising from the use of the place or operating centre in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.

• (7) Where any objection or representations are duly made under this section in respect of any application for a variation of an operator’s licence, the licensing authority may refuse the application in any case where it appears to him that the application ought to be refused on either of the grounds mentioned in subsection (4) of this section.

• (8) In any case in which the licensing authority grants an application for a variation of an operator’s licence of which notice has been published under section 68(4) of this Act or under subsection (3) of this section, the licensing authority may direct that any condition attached to the licence under section 69C of this Act shall be varied or removed or that a condition shall be attached to the licence under that section.

• (9) If the applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under subsection (1) or (8) of this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsections (3) to (7) of this section be treated as an application for a variation under this section.

69E

• (1) The licensing authority for any area shall refuse—

• (a) any application to the authority for an operator’s licence; and

• (b) any application to the authority for the variation of an operator’s licence of which notice has been published under section 68(4) or 69D(3) of this Act;

without considering the merits of the appliation unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published within the period mentioned in subsection (2) of this section in a local newspaper or newspapers circulating in each locality affected by the application.

• (2) The period referred to in subsection (1) of this section is the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date.

• (3) For the purposes of this section a locality shall be taken to be affected by an application to a licensing authority for, or for the variation of, an operator’s licence if it contains any place in the area of the authority which will be an operating centre of the holder of the licence if the application is granted, or (in the case of an application for variation) any existing operating centre of the holder of the licence to which the application relates.

69F

• (1) Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contravened section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.

• (2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.

69G

• (1) Any objection or representations under section 69B or 69D of this Act shall contain particluars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.

• (2) Any objection or representations under either of those sections with repsect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—

• (a) may differ for representations from that prescribed for objections; and

• (b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) or 69D(3) of this Act.

• (3) In making any of the following determinations, that is to say—

• (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;

• (b) any determination with respect to attaching any condition under section 69C of this Act to an operator’s licence or varying or removing any condition so attached;

• (c) any determination with respect to the effect on environmental conditions in any locality of the use in any particluar manner of any operating centre of the holder of an operator’s licence;

the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

• (4) In making anny such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for, or for the variation of, an operator’s licence, the licensing authority shall also have regard to—

• (a) any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and

• (b) any objections or representations duly made under section 69B or 69D.

• (5) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.

• (6) For the purposes of sections 69D(5)(b) and 69E(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any condition attached to the licence which the application seeks to have varied or removed relates to that centre.

Editorial notes