Legalize / United Kingdom / Public General Act

Goods Vehicles (Licensing of Operators) Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2025-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act or the 2009 Regulation shall be held in public.

(4) 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, so long as that trade or business continues to be carried on, be disclosed except—

(a) with the consent of the person for the time being carrying on that trade or business;

(b) for the purpose of the discharge by any person of his functions under this Act or the 2009 Regulation; or

(c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Act or the 2009 Regulation, including proceedings before the Upper Tribunal.

(5) Any person who discloses any information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Review of decisions and appeals

Review of decisions.

36

(1) Subject to subsection (2), a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his , or of another traffic commissioner, to grant or refuse—

(a) an application for an operator’s licence, or

(b) an application for the variation of such a licence in a case where section 17(3) required notice of the application to be published,

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

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

(a) if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;

(b) if, within that period, a person who appears to him to have an interest in the decision has requested that the decision be reviewed by a traffic commissioner ; or

(c) (where neither paragraph (a) nor paragraph (b) applies), if he considers there to be exceptional circumstances that justify the review.

(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).

(4) The variation or revocation under this section of any decision shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

Rights of appeal in connection with operators’ licences.

37

(1) An applicant for, or for the variation of, an operator’s licence may appeal to the Upper Tribunal against the refusal of the application or (as the case may be) against the terms of the licence or of the variation.

(2) The holder of an operator’s licence may appeal to the Upper Tribunal against any direction given under section 5(9), 26(1) or (2), 27(1), 31 or 32 in respect of the licence.

(3) The holder of an operator’s licence may appeal to the Upper Tribunal against any order made under section 26(6) on the suspension or curtailment of the licence.

(4) A person in respect of whom an order has been made under section 28(1) (including section 28(1) as it applies by virtue of section 28(5)) may appeal to the Upper Tribunal against that order and against any direction given under section 28(4) (including section 28(4) as it so applies) when the order was made.

(5) A person who has duly made an objection to an application for, or for a variation of, an operator’s licence may appeal to the Upper Tribunal against the grant of the application.

(6) A person who—

(a) within the prescribed period has made an application for a review under section 36, and

(b) has been certified by a traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,

may appeal to the Upper Tribunal against the refusal of the application.

(7) In subsections (1) and (2) “operator’s licence” does not include an interim licence issued under section 24.

Forgery, false statements, etc.

Forgery of documents, etc.

38

(1) A person is guilty of an offence if, with intent to deceive, he—

(a) forges, alters or uses a document or other thing to which this section applies;

(b) lends to, or allows to be used by, any other person a document or other thing to which this section applies; or

(c) makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive.

(2) This section applies to the following documents and other things, namely—

(a) any operator’s licence;

(b) any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;

(d) any certificate of qualification under section 49; and

(e) any certificate or diploma such as is mentioned in paragraph 13(1) or (1A) of Schedule 3.

(3) A person guilty of an offence under subsection (1) is liable—

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

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

(4) In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.

False statements.

39

(1) A person is guilty of an offence if he knowingly makes a false statement for the purpose of—

(a) obtaining the issue to himself or any other person of an operator’s licence;

(b) obtaining the variation of any such licence;

(d) procuring the imposition of a condition or limitation in relation to any such licence; or

(e) obtaining the issue to himself or any other person of a certificate of qualification under section 49 or a certificate or diploma such as is mentioned in paragraph 13(1) or (1A) of Schedule 3.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Enforcement etc.

Inspection of maintenance facilities.

40

(1) An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the vehicles used under the licence in a fit and serviceable condition.

(2) Any person who obstructs an officer in the exercise of his powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Power to seize documents etc.

41

(1) If an officer has reason to believe that—

(a) a document or article carried on or by the driver of a vehicle, or

(b) a document produced to him in pursuance of this Act,

is a document or article in relation to which an offence has been committed under section 38 or 39, he may seize that document or article.

(2) Where—

(a) a document or article is seized under subsection (1),

(b) no person has, within six months of the date on which the document or article was seized, been charged since that date with an offence in relation to it under section 38 or 39, and

then any of the persons mentioned in subsection (3) may make an application to a magistrates’ court or (in the case of an application made in Scotland) the sheriff.

(3) The persons who may make an application under subsection (2) are—

(a) an officer;

(b) the driver or owner of the vehicle;

(4) On an application under subsection (2), the magistrates’ court or the sheriff shall—

(a) make such order respecting the disposal of the document or article, and

(b) award such costs or (in Scotland) expenses,

as the justice of the case may require.

(5) Any application made under subsection (2) to the sheriff shall be made by way of summary application.

Meaning of “officer” and powers of police constables.

42

(1) In sections 40 and 41 “officer” means—

(a) an examiner appointed under section 66A of the Road Traffic Act 1988, or

(b) any person authorised for the purposes of sections 40 and 41 by a traffic commissioner .

(2) The powers conferred by sections 40 and 41 on an officer shall be exercisable also by a police constable.

Evidence by certificate.

43

(1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.

(2) The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states—

(a) that, on any date, a person was or was not the holder of an operator’s licence issued by a traffic commissioner ;

(b) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date;

(d) the date on which any operator’s licence issued by a traffic commissioner ceased to be in force;

(e) the terms and conditions of any operator’s licence issued by a traffic commissioner ;

(f) that a person is by virtue of an order of a traffic commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period;

(g) that a direction, having effect indefinitely or for a specified period, has been given by a traffic commissioner under section 28(4) in relation to any person;

(h) that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by a traffic commissioner under section 26(1); or

(ha) that a person is by virtue of an order of a traffic commissioner disqualified from acting as a transport manager, either indefinitely or for a specified period (see paragraph 16 of Schedule 3);

(i) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period.

(3) Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.

Miscellaneous

Assessors.

44

(1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Act or the 2009 Regulation, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed for the purpose by the Secretary of State.

(2) The Secretary of State 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.

Fees.

45

(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by a traffic commissioner in respect of—

(a) applications for, or for the variation of, operators’ licences;

(b) the issue or variation of operators’ licences;

(d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.

(2) A traffic commissioner may decline to proceed with—

(a) any application for, or for the variation of, an operator’s licence, or

(b) the issue or variation of any operator’s licence,

until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.

(3) If, in the case of any application for, or for the variation of, an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—

(a) the application shall be treated as withdrawn at that time, and

(b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a direction, ceases to have effect or terminates at that time.

(4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.

(5) A traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (3) or (4) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

(6) Where, by virtue of such a direction, the effect of subsection (3)(a) is to be disregarded in any case, any termination—

(a) of an interim licence under section 24(5)(b) or (6), or

(b) of an interim direction under section 25(4),

by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.

(7) Where such a direction is given in respect of an operator’s licence—

(a) any condition attached to the licence under section 22 shall be treated as having been of no effect during the period beginning with the time when the licence terminated by virtue of subsection (3) or (4) above and ending with the time when the direction comes into force, and

(b) subject to paragraph (a), the traffic commissioner may vary any such condition as it applies in relation to events occurring before the direction comes into force.

(8) All fees payable under this Act, other than those payable under section 49, shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Holding companies and subsidiaries.

46

(1) The Secretary of State may by regulations make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator’s licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.

(2) Regulations under this section may—

(a) modify or supplement any of the provisions of this Act, other than the excepted provisions, so far as appears to the Secretary of State to be necessary or expedient for or in connection with the purpose mentioned in subsection (1), and

(b) may contain such other supplementary and incidental provisions as appear to the Secretary of State to be requisite.

(3) In this Act “the excepted provisions” means the following provisions ..., namely—

(a) sections 3, 3A, 4, 9(2) and (3)(b), 13A, 15(5) and (6), 20, 22(2) to (5), 27 and 49;

(b) in section 58, in subsection (1), the definitions of “international transport operations”, “national transport operations”... and “transport manager”, and subsection (4); and

Partnerships.

47

Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be specified in the regulations; but nothing in any such regulations may make modifications in any of the excepted provisions (within the meaning given in section 46(3)).

Operators’ licences not to be transferable etc.

48

(1) Subject to any regulations under section 46, an operator’s licence is neither transferable nor assignable.

(2) Regulations may make provision enabling a traffic commissioner, where the holder of an operator’s licence ... has died or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,, to direct that the licence be treated—

(a) as not having terminated at the time when the licence-holder died or became a person who lacked capacity in that respect but as having been suspended (that is, as having remained in force but subject to the limitation that no vehicles were authorised to be used under it) from that time until the time when the direction comes into force; and

(b) as having effect from the time when the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(3) Regulations may make provision enabling a traffic commissioner in prescribed circumstances to direct that any operator’s licence ... is to be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(4) Regulations may make provision enabling a traffic commissioner to direct, for the purpose of giving effect to or supplementing a direction given by him or another traffic commissioner by virtue of subsection (2) or (3), that this Act is to apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence; but nothing in any such regulations shall permit a traffic commissioner to modify the operation of any of the excepted provisions (within the meaning given in section 46(3)).

(5) In subsection (2) references to a person becoming a person lacking capacity include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

(6) In this section “specified”, in relation to a direction, means specified—

(a) in the regulations under which the direction was given; or

(b) in the direction in accordance with those regulations.

Certificates of qualification.

49

(1) On an application made to him by a person wishing to engage in an undertaking established in a member State that involves the use of goods vehicles, the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—

(a) the applicant’s repute,

(b) his professional competence, or

as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the ... member State as regards the repute, professional competence and financial standing of persons engaged in such an undertaking established in that member State.

(2) A certificate of qualification shall—

(a) be in such form as the Secretary of State for Transport may specify; ...

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

(3) No certificate of qualification shall be issued before a fee of £20 has been paid.

(4) The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.

(5) In this section “the appropriate person”—

(a) in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and

(b) in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,

...

(6) All fees payable under this section shall be paid into the Consolidated Fund.

Large goods vehicles

Large goods vehicles.

50

(1) Schedule 5 (which requires certain documents to be carried by the drivers of large goods vehicles and makes other provision in connection with such vehicles) shall have effect.

(2) This section and Schedule 5 shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and different provisions.

General provisions

Time for bringing proceedings.

51

Section 6 of the Road Traffic Offenders Act 1988 (time for bringing summary proceedings for certain offences) shall apply to an offence under section 9(3)(a) or (b), 38 or 39.

Destination of fines: Scotland.

52

There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the provisions of this Act or regulations made under it.

Method of calculating weight of motor vehicles.

53

For the purposes of this Act the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.

Saving for law of nuisance.

54

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

Protection of public interests.

55

It is hereby declared that nothing in this Act is to be treated as conferring on the holder of an operator’s licence any right to the continuance of any benefits arising from this Act or from any such licence or from any conditions attached to any such licence.

Secretary of State’s power to hold inquiries.

56

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

Traffic commissioner may have regard to international obligations

56A

(1) In exercising a function under any provision made by or under this Act in relation to a standard licence authorising both national and international transport operations, a traffic commissioner may have regard to any obligation of the United Kingdom as a party to the Trade and Cooperation Agreement that is relevant to the exercise of the function.

(2) In this section, “the Trade and Cooperation Agreement” has the meaning given in section 37 of the European Union (Future Relationship) Act 2020.

Regulations and orders

Regulations and orders.

57

(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.

(2) In particular, but without prejudice to the generality of subsection (1), the Secretary of State may make regulations with respect to the following matters—

(a) the procedure on applications for, and the determination of questions in connection with, the issuing and variation of operators’ licences and the procedure under, and the determination of questions for the purposes of, sections 26 to 32 and 36;

(b) the issue of operators’ licences and the issue on payment of the prescribed fee of copies of such licences in the case of licences lost or defaced;

(i) between a standard licence and a restricted licence; and

(ii) between a licence covering both international and national transport operations and a licence covering national transport operations only;

(d) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being used or authorised to be used under an operator’s licence;

(e) the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (d);

(f) the payment of a prescribed fee in respect of any document, plate or other means of identification so prescribed that has been lost, defaced or broken;

(g) the notification to a traffic commissioner of vehicles which have ceased to be used under an operator’s licence;

(h) the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Act;

(i) the circumstances in which goods are to be treated for the purposes of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him.

(3) The power under subsection (2)(a) shall include power to require a person applying for an operator’s licence to state in his application—

(a) whether his application is for a standard licence or a restricted licence, and

(b) (if his application is for a standard licence) whether his application is for a licence to cover both international and national transport operations or for one to cover national transport operations only.

(4) The power under subsection (2)(d) shall include power to require that any means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence is required.

(5) The power under subsection (2)(d) shall also include power to make provision with respect to the means by which—

(a) any vehicle may be identified as being used under a standard licence or, as the case may be, a restricted licence; and

(b) any vehicle which is being used under a standard licence may be identified as being used under a licence that permits it to be used—

(i) for both international and national transport operations, or

(ii) for national transport operations only.

(6) The Secretary of State may make regulations for providing that any provision of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed.

(7) Any regulations under this Act may make—

(a) different provision for different cases or classes of case and different circumstances, and

(b) transitional provision,

and regulations made by virtue of subsection (2)(d) may make different provision for different traffic areas.

(8) A definition or description of a class of vehicles for the purposes of any regulation under this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatever.

(9) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(10) No regulations shall be made under section 30(3) unless a draft of them has been laid before, and approved by a resolution of, each House of Parliament.

(11) Any regulations made by the Secretary of State under this Act, other than regulations under section 30(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) Before making any regulations under this Act the Secretary of State shall consult with such representative organisations as he thinks fit.

(13) Any power to make orders or regulations conferred on the Secretary of State by any provision of this Act shall be exercisable by statutory instrument.

Interpretation

General interpretation.

58

(1) In this Act, unless the context otherwise requires—

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

“articulated combination” means a combination made up of—a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, anda trailer attached to it as described in paragraph (a);

“carriage of goods” includes haulage of goods;

“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;

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

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

“driver”—where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; andin relation to a trailer, means the driver of the vehicle by which the trailer is drawn;and “drive” shall be construed accordingly;

“functions” includes powers, duties and obligations;

“goods” includes goods or burden of any description;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted, but does not include a tramcar or trolley vehicle within the meaning of the Road Traffic Act 1988;

“heavy goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a maximum laden weight exceeding 3.5 tonnes;

“heavy goods vehicle licence” means an operator’s licence that authorises the use of one or more heavy goods vehicles (whether or not it also authorises the use of one or more light goods vehicles);

“holding company” and “subsidiary” have the meaning given by section 1159 of the Companies Act 2006;

“international transport operations” means the carriage of goods— from the United Kingdom to any other country or territory (or vice versa);through the United Kingdom from and to any other country or territory;within a country or territory other than the United Kingdom;

“light goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a maximum laden weight not exceeding 3.5 tonnes;

“light goods vehicle licence” means an operator’s licence that authorises the use of only one or more light goods vehicles;

“maximum laden weight” has the meaning given in Part IV of Schedule 6 to the Road Traffic Regulation Act 1984;

“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

“motor vehicle” and “trailer” have the same meaning as in section 253 of the Road Traffic Act 1960;

“national transport operations” means the carriage of goods within only the United Kingdom;

“operating centre” has the meaning given in section 7(3);

“operator’s licence” has the meaning given in section 2(1);

“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 receive 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;

“plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of section 41 of the Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act;

“prescribed” means prescribed by regulations;

“the 2009 Regulation ” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/ EC ;

“regulations” means regulations made by the Secretary of State under this Act;

“restricted licence” has the meaning given in section 3(3);

“road”—in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; andin relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

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

“standard licence” has the meaning given in section 3(2);

“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978;

“traffic area” means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981;

“traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981;

“transport manager” has the meaning given in section 13A(5);

“transport service” means the use of a goods vehicle for which an operator’s licence is required under section 2 (obligation to hold operator’s licence);

“vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling.

(2) For the purposes of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

(3) In this Act references to vehicles being authorised to be used under an operator’s licence are to be read in accordance with section 5.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Supplementary provisions

Transitional provision etc.

59

(1) The transitional provisions and transitory modifications of this Act contained in Schedule 6 shall have effect.

(2) Without prejudice to the generality of paragraphs 2 to 4 of that Schedule, an existing licence shall continue in force as if it had been issued under this Act, and in this Act or any other enactment, instrument or document, any reference to, or including a reference to, an operator’s licence issued under this Act shall, so far as the nature of the reference permits, be construed as including a reference to an existing licence.

(3) In subsection (2) “existing licence” means any operator’s licence within the meaning of Part V of the Transport Act 1968 which was in force immediately before the commencement of this Act.

Consequential amendments and repeals.

60

(1) The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act).

(2) The enactments and instruments specified in Schedule 8 are repealed or revoked to the extent specified in the third column of that Schedule.

Commencement.

61

(1) Subject to section 50(2) (which makes provision in relation to the commencement of section 50 and Schedule 5) this Act shall come into force on such day as the Secretary of State may by order appoint.

(2) An order under subsection (1) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of any provision of this Act which reproduces the effect of any provision of the Deregulation and Contracting Out Act 1994 which was not brought into force before the appointed day.

(3) Where any provision of the Deregulation and Contracting Out Act 1994 was brought into force before the appointed day by an order containing transitional provisions or savings in connection with the coming into force of that provision, an order under subsection (1) may contain corresponding transitional provisions or savings in connection with the coming into force of any provision of this Act which reproduces the effect of that provision of that Act.

(4) In subsections (2) and (3) “the appointed day” means the day appointed under subsection (1).

Short title and extent.

62

(1) This Act may be cited as the Goods Vehicles (Licensing of Operators) Act 1995.

(2) The amendments specified in Schedule 7 and the repeals and revocations specified in Schedule 8 have the same extent as the enactments and instruments to which they relate.

(3) Subject to subsection (2), this Act does not extend to Northern Ireland.

SCHEDULE 1

1

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

1A

A goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle, has a maximum laden weight not exceeding 2.5 tonnes.

1B

A goods vehicle falls within this paragraph if the vehicle, or a vehicle combination including the vehicle—

(a) has a maximum laden weight not exceeding 3.5 tonnes and

(b) is used only for national transport operations.

2

A goods vehicle falls within this paragraph if it does not form part of a vehicle combination and—

(a) has a relevant plated weight not exceeding 3.5 tonnes, or

(b) if it does not have a relevant plated weight, has an unladen weight not exceeding 1525 kilograms.

3

(1) A goods vehicle falls within this paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that—

(a) in a case where all the vehicles comprised in it, or all of those vehicles except any small trailer, have relevant plated weights, the aggregate of the relevant plated weights of those vehicles, exclusive of any such trailer, does not exceed 3.5 tonnes, or

(b) in any other case, the aggregate of the unladen weights of the vehicles comprised in the combination, exclusive of any small trailer, does not exceed 1525 kilograms.

(2) In this paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

4

A goods vehicle falls within this paragraph if it forms part of an articulated combination which is such that—

(a) in a case where the trailer comprised in the combination has a relevant plated weight, the aggregate of—

(i) the unladen weight of the motor vehicle comprised in the combination, and

(ii) the relevant plated weight of that trailer,

does not exceed 3.5 tonnes, or

(b) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed 1525 kilograms.

5

In any provision of paragraphs 2 to 4 “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations.

SCHEDULE 1A

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 goods vehicle, means any goods carried by that vehicle;

“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.

(2) Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of “owner” as regards a goods vehicle.

(3) Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a motor vehicle at a particular time shall be taken to be—

(a) any person in whose name it is then registered by virtue of the Vehicle Excise and Registration Act 1994, or

(b) any person in whose operator’s licence it is then specified.

Detention of property

2

(1) Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 2, he may detain the vehicle and its contents.

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

3

Regulations may make provision with respect to property detained by virtue of paragraph 2.

Immobilisation and removal

4

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

(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 shall also fix to the vehicle a notice indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion and giving such other information as may be prescribed,

(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 shall not be removed or interfered with except by or on the authority of an authorised person.

5

(1) Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) 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) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

(1) Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction.

(2) Regulations may provide that a person may be specified in a direction only if—

(a) he is a person identified in accordance with prescribed rules, and

(b) he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements;

and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.

(3) Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

7

(1) Regulations may make provision for informing persons who may be entitled to the property that it has been detained.

(2) Provision made by virtue of sub-paragraph (1) may, in particular, include 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 or disposal of vehicle

8

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

9

(1) Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 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, and

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

(3) Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.

(4) Those grounds may include the following grounds—

(a) that at the time the vehicle was detained the person using the vehicle held an 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 2, or

(c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.

10

(1) Regulations shall make provision—

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

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

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

(2) Regulations shall 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 .

(3) Regulations shall provide that—

(a) if a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;

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

11

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

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

12

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

Return or disposal of contents of vehicle

13

(1) Regulations may provide that the person specified in a direction by virtue of paragraph 6(1) may retain custody of the contents of a goods vehicle until—

(a) the contents are returned, in accordance with the regulations, to a person who establishes that he is entitled to them, or

(b) the contents are sold or destroyed by the person specified in such manner as may be prescribed.

(2) Regulations may also make provision as to—

(a) the period within which a person who claims to be entitled to the contents may make a claim for their return,

(b) the requirements to be satisfied by a person who claims to be entitled to the contents (including requirements as to his entitlement), and

(3) The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless—

(a) such steps as may be required by regulations made by virtue of paragraph 7(1) have been taken and no person has, before the expiry of the period referred to in sub-paragraph (2)(a), established an entitlement to the contents, or

(b) the condition of the contents requires them to be disposed of without delay.

Custody of property

14

Regulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 6(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.

Proceeds of sale

15

(1) Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b)—

(a) to be applied towards meeting expenses incurred by any authorised person in exercising his 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) he claims after the sale of property under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b) to be or to have been its owner,

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

Disputes

16

(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 13 or 15.

(2) Provision made by virtue of sub-paragraph (1) may in particular provide—

(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) shall be made by way of summary application.

Obstruction of authorised person

17

Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of his powers under regulations made by virtue of paragraph 2 or 6 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

18

(1) Regulations may provide that where—

(a) a person makes a declaration with a view to securing the return of a goods vehicle under regulations made by virtue of paragraph 10,

(b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 2, and

he is guilty of an offence.

(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.

SCHEDULE 2

Information to be given under section 8

1

The information referred to in section 8(4) is the following—

(a) such particulars as the traffic commissioner dealing with the application may require with respect to the purposes for which the vehicles referred to in the statement under section 8(3) are proposed to be used;

(b) particulars of the arrangements for securing that—

(i) Part VI of the Transport Act 1968 (drivers’ hours), and

(ii) the applicable Community rules, within the meaning of that Part,

will be complied with in the case of those vehicles;

(d) particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

(e) particulars of any relevant activities carried on, at any time before the making of the application, by any relevant person;

(f) particulars of any notifiable convictions which have occurred during the five years preceding the making of the application;

(fa) particulars of any notifiable fixed penalty notices which have been issued during those five years;

(g) particulars of the financial resources which are or are likely to be available to the applicant;

(h) where the applicant is a company, the names of the directors and officers of—

(i) the company, and

(ii) any company of which that company is a subsidiary;

(i) where the vehicles referred to in the statement under section 8(3) are proposed to be operated by the applicant in partnership with other persons, the names of those other persons.

2

In this Schedule “relevant person” means any of the following persons, namely—

(a) the applicant;

(b) any company of which the applicant is or has been a director;

(d) where the applicant proposes to operate the vehicles referred to in the statement under section 8(3) in partnership with other persons, any of those other persons;

(e) any company of which any such person as is mentioned in sub-paragraph (c) or (d) is or has been a director; or

(f) where the applicant is a company, any company of which the applicant is a subsidiary.

3

In paragraph 1(e) “relevant activities” means any of the following—

(a) activities in carrying on any trade or business in the course of which vehicles of any description are operated;

(b) activities as a person employed for the purposes of any such trade or business; or

4

The following are “notifiable convictions”, namely—

(a) any conviction of a relevant person of an offence such as is mentioned in paragraph 5, and

(b) any conviction of a servant or agent of a relevant person of an offence such as is mentioned in sub-paragraph (a), (b), (d), (f), (g), (i) or (j) of that paragraph.

Offences

5

The offences are—

(a) an offence under section 53 of the Road Traffic Act 1988 (plating certificates and goods vehicle test certificates);

(b) an offence committed in relation to a goods vehicle consisting in the contravention of any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—

(i) the maintenance of vehicles in a fit and serviceable condition;

(ii) limits of speed and weight laden and unladen, and the loading of goods vehicles; or

(iii) the licensing of drivers;

(i) this Act;

(ii) Part V of the Transport Act 1968 or section 233 or 235 of the Road Traffic Act 1960 so far as applicable (by virtue of Schedule 10 to the 1968 Act) to licences or means of identification under that Part;

(iii) regulation 33(2) or (3) of the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984; or

(iv) any regulation made under this Act or the Transport Act 1968 which is prescribed for the purposes of this paragraph;

(d) an offence under, or of conspiracy to contravene, Part VI of the Transport Act 1968 (drivers’ hours) committed in relation to a goods vehicle;

(e) an offence under, or of conspiracy to contravene, section 13 of the Hydrocarbon Oil Duties Act 1979 (unlawful use of rebated fuel oil) committed in relation to a goods vehicle;

(f) an offence under section 173 or 174 of the Road Traffic Act 1988 (forgery, false statements and withholding of information) committed in relation to an international road haulage permit within the meaning of that Act;

(g) an offence under section 8 of the Haulage Permits and Trailer Registration Act 2018 (offences relating to international road transport permits) ;

(h) an offence under section 74 of the Road Traffic Act 1988 (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

(i) an offence under—

(i) section 3 of the Control of Pollution Act 1974;

(ii) section 2 of the Refuse Disposal (Amenity) Act 1978;

(iii) regulation 69(1)(a) of the Environmental Authorisations (Scotland) Regulations 2018; or

(iv) section 33 of the Environmental Protection Act 1990;

(ia) an offence under regulation 38(1)(a) or 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007regulation 38(1) or (2) of the Environmental Permitting (England and Wales) Regulations 2010 the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) committed in relation to a waste operation (within the meaning of those Regulations).

(j) an offence committed in relation to a goods vehicle consisting in the contravention of—

(i) any provision (however expressed) prohibiting or restricting the waiting of vehicles which is contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984, including any such order made by virtue of paragraph 3 of Schedule 9 to that Act (local authority powers to be exercisable also by Secretary of State); or

(ii) any provision which is contained in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of section 2(4) of that Act (lorry routes).

Repealed enactments

6

(1) In paragraph 5 any reference to an offence under a provision of the Road Traffic Act 1988 includes a reference to an offence under any corresponding provision of the Road Traffic Act 1972 repealed by the Road Traffic (Consequential Provisions) Act 1988.

(2) In paragraph 5(j)—

(a) the reference to a provision contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984 includes a reference to a provision contained in an order made under any enactment repealed by the 1984 Act and re-enacted by any of those sections, including any such order made by virtue of section 84A(2) of the Road Traffic Regulation Act 1967; and

(b) the reference to a provision contained in a traffic regulation order by virtue of section 2(4) of the 1984 Act includes a reference to a provision included in such an order by virtue of section 1(3AA) of the 1967 Act.

Notifiable fixed penalty notices

7

In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—

(a) issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or

(b) issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).

SCHEDULE 3

Effective and stable establishment

A1

(1) A person has an effective and stable establishment in Great Britain under section 13A(2)(a) if the person satisfies, or will satisfy on the issuing of an operator’s licence, the requirements set out in sub-paragraph (2).

(2) The requirements are that the person—

(a) has premises in Great Britain at which the person—

(i) is able to access, in electronic or any other form, the originals of the person’s core business documents, and

(ii) carries out effectively and continuously, with appropriate equipment and facilities, the administration of the person’s transport service,

(b) has access to one or more goods vehicles that are authorised to be used under the person’s operator’s licence,

(i) a number of goods vehicles referred to in paragraph (b) that is proportionate to the national or international transport operations carried out from each place, and

(ii) a number of drivers that is proportionate to the number of goods vehicles operating from that place,

(d) has, if required under the Value Added Tax Act 1994 to charge value added tax on the supply of the person’s transport service, a VAT registration number,

(e) is within the charge to income tax or corporation tax under the Tax Acts on income generated through the person’s transport service, and

(f) is, if a company, a company within the meaning given in section 1(1) of the Companies Act 2006.

(3) In sub-paragraph (2)—

“core business documents” includes—contracts relating to the transport service;documents relating to the goods vehicles authorised to be used under the person’s operator’s licence;accounting documents;personnel management documents;employment contracts;national insurance documents;documents containing data—on the dispatching and posting of drivers, andrelating to journeys, driving time and rest periods;any other document that a traffic commissioner may require to verify a person’s compliance with any requirement or obligation imposed by or under this Act;

“VAT registration number” means the number allocated by the Commissioners for Her Majesty’s Revenue and Customs to a person registered under the Value Added Tax Act 1994.

Good repute

1

(1) In determining whether an individual is of good repute, a traffic commissioner may have regard to any matter but shall, in particular, have regard to—

(a) any relevant convictions of the individual or of his servants or agents; and

(b) any other information in his possession which appears to him to relate to the individual’s fitness to hold a licence.

(2) In determining whether a company is of good repute, a traffic commissioner shall have regard to all the material evidence including, in particular—

(a) any relevant convictions of the company or of any of its officers, servants or agents; and

(b) any other information in his possession as to the previous conduct of—

(i) any of the company’s officers, servants or agents, or

(ii) any of its directors, in whatever capacity,

if that conduct appears to him to relate to the company’s fitness to hold a licence.

(3) For the purposes of this paragraph, the relevant convictions of any person are—

(a) any conviction of that person of an offence such as is mentioned in paragraph 5 of Schedule 2;

(b) any conviction of that person of an offence under the law of Northern Ireland or of the law of any country or territory outside the United Kingdom corresponding to an offence such as is mentioned in that paragraph;

(d) any conviction of that person of a road transport offence within the meaning given in paragraph 4.

(4) For the purposes of determining in accordance with paragraph 14A whether a transport manager is of good repute, the reference in sub-paragraph (1)(a) to servants or agents is to be disregarded.

2

Without prejudice to the generality of a traffic commissioner’s power under paragraph 1 to determine that a person is not of good repute, a commissioner shall determine that an individual is not of good repute if that individual has—

(a) more than one conviction of a serious offence; or

(b) been convicted of road transport offences.

3

(1) A person has a conviction of a “serious offence” if—

(a) he has been convicted of any offence under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom, and

(b) on such conviction there was imposed on him for that offence a punishment falling within sub-paragraph (2).

(2) The punishments are—

(a) a sentence of imprisonment for a term exceeding three months;

(b) a fine exceeding level 4 on the standard scale;

(c) a community order requiring him to perform work for more than 60 hours or a community payback order requiring him to undertake unpaid work, or unpaid work and other activity, for more than 60 hours; and

(d) in the case of an offence committed under the law of a country or territory outside the United Kingdom, any punishment corresponding to those mentioned in paragraphs (a) to (c).

(3) In sub-paragraph (2)—

(a) the reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health; ...

(b) “community order” means a community order under section 177 of the Criminal Justice Act 2003 or Chapter 2 of Part 9 of the Sentencing Code, a community punishment order made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community service order under the Community Service by Offenders (Scotland) Act 1978 ; and

(c) “community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement.

4

“Road transport offence” means—

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

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

(ii) any other offence concerning professional liability; or

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

5

(1) In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph.

(1A) In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act.

(1B) In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act.

(2) For the purposes of determining under this Act whether a person is of good repute, —

(a) convictions which are spent for the purposes of the Rehabilitation of Offenders Act 1974 shall be disregarded; and

(b) a traffic commissioner may also disregard an offence if—

(i) such time as the commissioner thinks appropriate has elapsed since the date of the conviction, or

(ii) the commissioner, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response.

Appropriate financial standing

6

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

6A

(1) An operator has appropriate financial standing under section 13A(2)(c) if the operator is able to demonstrate that it has at its disposal at all times capital and reserves—

(a) for goods vehicles authorised to be used under a heavy goods vehicle licence, of—

(i) £8,000 for the first heavy goods vehicle,

(ii) £4,500 for each additional heavy goods vehicle and

(iii) £800 for each light goods vehicle (if any), or

(b) for goods vehicles authorised to be used under a light goods vehicle licence, of—

(i) £1,600 for the first light goods vehicle, and

(ii) £800 for each additional light goods vehicle.

(2) The operator must demonstrate appropriate financial standing—

(a) on the basis of the operator’s annual accounts if certified by a qualified auditor, or

(b) by producing other evidence to the satisfaction of a traffic commissioner that the operator has, in the name of the operator, the necessary capital and reserves, such as—

(i) a bank guarantee,

(ii) a document issued by a financial institution establishing access to credit, or

(iii) any other binding document.

(3) In this paragraph—

“operator” means an applicant for, or a holder of, an operator’s licence in relation to which appropriate financial standing is required under section 13A(2)(c);

“qualified auditor” means a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

Professional competence

7

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

8

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

9

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

10

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

11

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

12

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

13

(1) An individual shall be regarded as professionally competent if, and only if—

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

(b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.

(1A) The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.

(2) The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to the 2009 Regulation.

(2A) The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex 3 to that Regulation and must have security features in compliance with Annex 2 to that Regulation.

(3) In sub-paragraph (1)—

“approved body” means—a body approved by the Secretary of State for the purposes of that sub-paragraph; or a body approved by the department in Northern Ireland that, by order made under the Departments (Northern Ireland) Order 1999, is responsible for exercising the functions of a department under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ; and...

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

14

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

Requirements for a transport manager

14A

(1) A transport manager must be—

(a) a resident of the United Kingdom,

(b) of good repute (as determined in accordance with paragraphs 1 to 5),

(d) able to manage effectively and continuously the operator’s transport service.

(2) An individual designated under section 13A(3)(a)(ii), in addition to meeting the requirements set out in sub-paragraph (1), must be—

(a) the operator,

(b) an employee, director, owner, or shareholder of the operator, or

(3) An individual designated under section 13A(3)(b), in addition to meeting the requirements set out in sub-paragraph (1), must—

(a) be a party to a transport management contract linking the individual to the operator,

(b) be able to—

(i) exercise the individual’s responsibilities as a transport manager independently of the operator, and

(ii) perform the tasks set out in the transport management contract solely in the interests of the operator, and

(i) section 13A(3)(a)(ii) or (b) in relation to any other operator’s licence, or

(ii) any corresponding law of Northern Ireland in relation to a Northern Ireland-issued licence.

(4) A traffic commissioner may, if the commissioner considers it appropriate, allow an individual to be designated in relation to an operator’s licence despite sub-paragraph (3)(c) provided the individual is designated in relation to no more than four operators’ licences and Northern Ireland-issued licences authorising the use of a combined total fleet of no more than 50 motor vehicles or vehicle combinations.

(5) In this paragraph—

“Northern Ireland-issued licence” means a licence issued under the law of Northern Ireland that is equivalent to an operator’s licence;

“the operator” means the person who designated the individual under section 13A(3)(a)(ii) or (b);

“transport management contract” means a contract that—indicates the individual’s responsibilities as a transport manager, andspecifies the tasks the individual is to perform as a transport manager for the operator, including those relating to—vehicle maintenance,vehicle management,verification of contracts and documents relating to the transport service;basic accounting,the assignment of drivers and vehicles to transport services, andthe verification of safety procedures.

Transport manager to be notified of proceedings

15

(1) A traffic commissioner shall not in any proceedings under this Act or under 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 he 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 him; ...

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

(d) stating that he is entitled to request an inquiry as provided in section 35

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

(a) in considering whether or not an inquiry should be held as provided in section 35; and

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

(2A) A traffic commissioner must hold an inquiry as provided in section 35 if the transport manager requests one under sub-paragraph (1)(d)

(3) A notice shall be 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 him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

Determinations in respect of transport managers

16

(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 , in accordance with paragraph 5(2) (if applicable), 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 in relation to any operator’s licence;

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

(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.

Transport managers: cancellation or variation of disqualification order

17

(1) A traffic commissioner may, subject to sub-paragraphs (1A) and (2), at any time cancel a disqualification order made under paragraph 16(2) or, with the consent of the disqualified person, vary the order.

(1A) If the disqualification order was made because a traffic commissioner determined that the disqualified person ceased to be of good repute, the order may be cancelled—

(a) not before the end of the period of one year beginning with the day on which the order was made, and

(b) only if the disqualified person has, after the order was made—

(i) passed the written examination referred to in paragraph 13(1)(a), or

(ii) for no less than three months undertaken training a traffic commissioner considers appropriate.

(2) The traffic commissioner by whom a disqualification order is made under paragraph 16(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

(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 35 if the disqualified person requests one under sub-paragraph (4)(c).

(7) A notice shall be 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.

SCHEDULE 4

Transfers in connection with new licences

1

(1) Where in the case of any application for a heavy goods vehicle licence—

(a) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(b) the applicant so requests,

the traffic commissioner may direct that paragraph 2 is to apply in relation to the application.

(2) Each place referred to in the statement under section 8(3) as a proposed operating centre of the applicant must already be specified in a heavy goods vehicle licence as an operating centre of its holder.

(3) That licence must be the same in the case of each such place, and no such place may be specified in more than the one heavy goods vehicle licence.

(4) Where any conditions under section 21 or 23 relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying for.

(5) Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6) In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b) such conditions relating to—

(i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or

(ii) the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8) In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 24.

2

(1) The provisions of this paragraph have effect in relation to any application for a heavy goods vehicle licence in respect of which a direction has been given under paragraph 1.

(2) The notice published under section 10(1) shall state that the direction has been given.

(3) The following provisions of this Act shall not apply—

section 11;

section 12(1)(b) and (4);

section 13C(5) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;

section 14; and

section 15(3)(f).

(4) Notwithstanding anything in section 13(6) the traffic commissioner may refuse the application if—

(a) any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to his knowledge or not; or

(b) any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.

(5) If the application is granted, the traffic commissioner—

(a) shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b) shall not attach any other conditions to the licence under section 21 or 23.

(6) If the application is granted, the traffic commissioner shall record in the licence—

(a) any undertakings given or procured to be given under paragraph 1(5); and

(b) any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the traffic commissioner considers to be material to his decision to give the direction (and that would not otherwise be required by section 15(4) to be recorded in the licence).

Transfers in connection with the variation of licences

3

(1) Where in the case of an application for the variation of a heavy goods vehicle licence under section 17—

(a) the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,

(b) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

the traffic commissioner may direct that paragraph 4 is to apply in relation to the application.

(2) Each new place that is proposed to be specified in the licence must already be specified in another heavy goods vehicle licence as an operating centre of its holder.

(3) That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other heavy goods vehicle licence.

(4) Where any conditions under section 21 or 23 relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied.

(5) Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6) In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b) such conditions relating to—

(i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or

(ii) the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8) In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 24.

4

(1) The provisions of this paragraph have effect in relation to any application for the variation of a heavy goods vehicle licence in respect of which a direction has been given under paragraph 3.

(2) Sections 17(3) and 18 shall not apply.

(3) If the application is granted, the traffic commissioner—

(a) shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and

(b) shall not attach any other conditions to the licence under section 21 or 23.

(4) If the application is granted, the traffic commissioner shall record in the licence as varied—

(a) any undertakings given or procured to be given under paragraph 3(5); and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.