Transport Act 1985

Part I — General Provisions Relating to Road Passenger Transport

Abolition of road service licensing

Abolition of road service licensing

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• (1) The provisions of Part III of the 1981 Act (road service licences) shall cease to have effect.

• (2) Those provisions are replaced—

• (a) in relation to London local services, by Part II of this Act; and

• (b) in relation to other local services, by sections 6 to 9 of this Act.

• (3) Schedule 1 to this Act shall have effect for the purpose of making amendments in other enactments consequential on this section.

Meaning of “local service”

Local services

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• (1) In this Act “local service” means a service, using one or more public service vehicles, for the carriage of passengers by road at separate fares other than one—

• (a) which is excluded by subsection (4) below; or

• (b) in relation to which (except in an emergency) one or both of the conditions mentioned in subsection (2) below are met with respect to every passenger using the service.

• (2) The conditions are that—

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

• (b) some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places.

• (3) Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of subsection (1) above.

• (4) A service shall not be regarded for the purposes of this Act as a local service if—

• (a) the conditions set out in Part III of Schedule 1 to the 1981 Act (trips organised privately by persons acting independently of vehicle operators, etc.) are met in respect of each journey made by the vehicles used in providing the service; or

• (b) every vehicle used in providing the service is so used under a permit granted under section 19 of this Act.

• (5) Subsections (5)(b), (c) and (6) of section 1 of the 1981 Act (meaning of “fares”) shall apply for the purposes of this section.

Traffic commissioners

Traffic commissioners

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

• (2) For sections 4 and 5 of the 1981 Act (traffic commissioners) there shall be substituted the following sections—

(4) (1) There shall be a commissioner for each traffic area constituted for the purposes of this Act. (2) The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area. (3) The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment. (4) Any person appointed to be the traffic commissioner for a traffic area shall— (a) act under the general directions of the Secretary of State; and (b) vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty’s pleasure. (5) Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain. (6) Schedule 2 to this Act shall have effect with respect to traffic commissioners. (5) (1) Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed. (2) Where the traffic commissioner for a traffic area publishes information under this section he shall— (a) send a copy of the publication— (i) to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and (ii) where that traffic area falls wholly or partly within London, to London Regional Transport; and (b) make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one. (3) In this section “local authority” means— (a) in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and (b) in Scotland, any regional or islands council.

• (3) For Schedule 2 to the 1981 Act (traffic commissioners) there shall be substituted the Schedule set out in Part I of Schedule 2 to this Act.

• (4) For subsection (1) of section 59 of the 1968 Act (licensing authority for Part V of that Act) there shall be substituted—

(1) The traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Part of this Act and is in this Part of this Act referred to as “the licensing authority.”

• (5) Part II of Schedule 2 to this Act shall have effect for the purpose of making further consequential amendments in other enactments.

Inquiries held by traffic commissioners

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For section 54 of the 1981 Act (procedure of traffic commissioners) there shall be substituted the following section—

(54) (1) A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions. (2) Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests. (3) Subject to any provision made by regulations, any inquiry held under this section shall be public. (4) Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner. (5) Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry. (6) Regulations may make provision, in relation to orders under subsection (5) above, as to— (a) the method of calculating the amount of any costs incurred as mentioned in that subsection; and (b) the maximum amount which may be ordered to be paid under such an order. (7) Any amount so ordered to be paid by any person may be recoverable from him— (a) in England and Wales, as a debt due to the Crown; or (b) in Scotland, by the Secretary of State. (8) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except— (a) with the consent of the person for the time being carrying it on; (b) for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below; or (c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment (including proceedings before the Transport Tribunal); and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (9) The enactments referred to in subsection (8)(b) and (c) above are— (a) sections 12 to 21 of this Act; and (b) sections 24 to 28 of the Transport Act 1985. (10) The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Assistance for traffic commissioners in considering financial questions

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After section 17 of the 1981 Act, there shall be inserted the following section—

(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, 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.

Registration of local services

Registration of local services

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• (1) In this section “service” means a local service which is neither a London local service nor a service which falls within subsection (1A) or (1D) below nor a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services).

• (1A) A service falls within this subsection if conditions A and B are satisfied in relation to it.

• (1B) Condition A is satisfied if the service is provided in pursuance of—

• (a) the obligation placed on a local authority by section 508B(1), section 508F(1), ... or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc);

• (b) the exercise of the power of a local authority under section 508C(1) of that Act; ...

• (c) arrangements made by a local authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes).

• (d) the obligation placed on a local authority by sections 3 or 4 of the Learner Travel (Wales) Measure 2008; or

• (e) the exercise of the power of a local authority under section 6 of that Measure.

• (1C) Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)—

• (a) a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) , (c), (d) or (e) of subsection (1B);

• (b) a person supervising or escorting any such person while he is using such transport;

• (c) a person involved with the provision of education or training at any such premises.

• (1D) A service falls within this subsection if—

• (a) it has one or more stopping places in England, and

• (b) it is provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.

• (1E) Where a service is provided both inside and outside England, any part of the service which is provided outside England is to be treated as a separate service for the purposes of subsection (1D) if there is any stopping place for that part of the service outside England.

• (2) Subject to regulations under this section, no service shall be provided in any traffic area in which there is a stopping place for the service unless—

• (a) the prescribed particulars of the service have been registered with a traffic commissioner by the operator of the service;

• (b) the period of notice in relation to the registration has expired; and

• (c) the service is operated in accordance with the registered particulars.

• (2A) Where—

• (a) any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 (advanced quality partnership schemes and quality partnership schemes) are in force, and

• (b) an application for registration is made in respect of a service in relation to which those restrictions have effect,

section 6A of this Act has effect in relation to the application.

• (2B) Where—

• (a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales,

• (b) an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates,

• (c) the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

• (d) the operator does not propose to provide the service under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to registration of that service.

• (2C) Where—

• (a) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 (requirements specified in an enhanced partnership scheme) has effect, and

• (b) an application to register a service, or to vary the registration of a service, is made in respect of a service to which that requirement would apply if the application were granted,

section 6D has effect with respect to the application.

• (2D) Where—

• (a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation,

• (b) a service is registered, or a registration of a service is varied, under this section, and

• (c) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 applies to the service or the service as varied,

the requirement is to be recorded with the particulars of the service required to be registered under this section.

• (3) In subsection (2) above “the period of notice”, in relation to any registration, means, subject to regulations under this section—

• (a) the period prescribed for the purposes of this subsection; or

• (b) if longer, the period beginning with the registration and ending with the date given to the traffic commissioner by the operator as the date on which the service will begin.

• (4) An application for registration shall only be accepted from a person who either holds an unconditional PSV operator’s licence or a permit under section 22 of this Act or is using, or proposing to use, a school bus belonging to that person for farepaying passengers in accordance with section 46(1) of the 1981 Act.

• (5) In subsection (4) above “unconditional”, in relation to a PSV operator’s licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates.

• (6) In this Act any reference to a service registered under this section is a reference to a service in respect of which the prescribed particulars are registered under this section.

• (7) Any registration may be varied or cancelled on an application made by the operator of the service to which it relates.

• (7A) Where—

• (a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales,

• (b) the operator of a local service registered under this section proposes to vary the registration,

• (c) the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,

• (d) the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

• (e) the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to the variation of the registration.

• (7B) Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E.

• (8) Subject to regulations under this section and, in the case of variation, to section 6B of this Act, the variation or cancellation of a registration shall become effective—

• (a) on the expiry of the period beginning with the date on which a traffic commissioner accepts the application and ending with the date determined in accordance with regulations under this section; or

• (b) if later, on the day given to a traffic commissioner by the operator as the effective date for the variation or (as the case may be) cancellation.

• (9) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision—

• (a) for permitting the variation of a registered service, in such circumstances as may be prescribed, without variation of the registration;

• (b) for excluding or modifying the application of subsection (3) or (8) above in such cases or classes of case as may be prescribed;

• (c) that in such cases or classes of case as may be prescribed—

• (i) subsection (2) above shall have effect as if for the reference in paragraph (b) to the period of notice there were substituted a reference to such period as a traffic commissioner may determine;

• (ii) subsection (8) above shall have effect as if for the reference in paragraph (a) to the date on which the period mentioned in that paragraph is to expire there were substituted a reference to such date as a traffic commissioner may determine;

• (d) as to the procedure for applying for registration or for the variation or cancellation of a registration;

• (e) for an application for registration or for the variation or cancellation of a registration not to be accepted by a traffic commissioner unless the applicant gives to a traffic commissioner such information as a traffic commissioner may reasonably require in connection with the application (or, if the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000, complies with those requirements);