Goods Vehicles (Licensing of Operators) Act 1995

• (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;

• (c) an offence under—

• (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,

• (c) has at a place or places in Great Britain—

• (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;

• (c) any conviction of that person of a serious offence within the meaning given in paragraph 3; and

• (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

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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

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8

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9

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10

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11

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12

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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

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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),

• (c) professionally competent (as determined in accordance with paragraph 13), and

• (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

• (c) any other individual a traffic commissioner is satisfied has a genuine link to the operator.

• (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

• (c) not be, subject to sub-paragraph (4), at the same time designated under—

• (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

• (c) stating that the person is entitled to request an inquiry as provided in section 35.

• (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

• (c) the applicant so requests,

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

• (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 3, that the traffic commissioner considers to be material to his decision to give the direction.

5

In this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.

SCHEDULE 5

Meaning of “large goods vehicle”

1

• (1) For the purposes of this Schedule, a large goods vehicle is a goods vehicle, other than a hauling vehicle, falling within any of sub-paragraphs (2) to (4).

• (2) A goods vehicle falls within this sub-paragraph if—

• (a) it has a relevant plated weight exceeding 16260 kilograms, or

• (b) in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight exceeding 5080 kilograms.

• (3) A goods vehicle falls within this sub-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 the combination, or all of those vehicles except any small trailer, have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination, exclusive of any such trailer, exceeds 16260 kilograms, or

• (b) in any other case, the aggregate of the unladen weights of the vehicles comprised in it, exclusive of any small trailer, exceeds 5080 kilograms;

and in this sub-paragraph “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

• (4) A goods vehicle falls within this sub-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,

exceeds 16260 kilograms, or

• (b) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds 5080 kilograms.

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

• (6) In sub-paragraph (1) “hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination; and in this sub-paragraph “motor tractor”, “light locomotive” and “heavy locomotive” have the same meaning as in the Road Traffic Act 1960.

Consignment notes

2

• (1) Subject to sub-paragraph (2), no goods shall be carried on a large goods vehicle unless a document (a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.

• (2) Sub-paragraph (1) shall not apply—

• (a) to the carriage of goods on any journey or on a vehicle of any class exempted from that sub-paragraph by regulations; or

• (b) to any carriage of goods which is lawful without the authority of an operator’s licence.

• (3) Subject to the provisions of regulations, a traffic commissioner may dispense with the observance, as respects the carriage of goods under an operator’s licence ..., of any requirement of sub-paragraph (1), where he is satisfied that it is not reasonably practicable for that requirement to be observed.

• (4) Such a dispensation may be granted—

• (a) generally;

• (b) as respects a particular vehicle; or

• (c) as respects the use of vehicles for a particular purpose.

• (5) The consignment note relating to the goods carried on a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle for carrying the goods on that journey.

• (6) Any person who—

• (a) uses or drives a vehicle in contravention of sub-paragraph (1), or

• (b) fails to comply with sub-paragraph (5),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers of entry and inspection

3

• (1) An officer may require any person to produce and permit him to inspect and copy—

• (a) any document which is required by or under paragraph 2 to be carried by that person as driver of a vehicle; or

• (b) any document which that person is required by or under that paragraph to preserve;

and that document shall, if the officer so requires by notice in writing served on that person, be produced to a traffic commissioner at an office specified in the notice within such time (not being less than 10 days) from the service of the notice as may be so specified.

• (2) An officer may at any time enter any large goods vehicle and inspect that vehicle and any goods carried on it.

• (3) Where an officer has reason to believe—

• (a) that a large goods vehicle is being kept on any premises, or

• (b) that any such documents as are mentioned in sub-paragraph (1) are to be found on any premises,

he may, at any time which is reasonable having regard to the circumstances of the case, enter those premises and inspect any such vehicle, and inspect and copy any such document, which he finds there.

• (4) For the purpose of exercising his powers under sub-paragraph (1)(a) or (2), an officer may detain the vehicle in question during such time as is required for the exercise of that power.

• (5) The powers conferred by sub-paragraphs (1) to (4) are exercisable on production by the officer, if so required, of his authority.

• (6) Any person who—

• (a) fails to comply with any requirement under sub-paragraph (1), or

• (b) obstructs any officer in the exercise of his powers under sub-paragraph (2), (3) or (4),

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

• (7) In this paragraph “officer” has meaning given in section 42(1) (as amended by paragraph 5 below).

• (8) The powers conferred by this paragraph on an officer shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.

Falsification of consignment notes and records

4

• (1) Any person who—

• (a) makes, or causes to be made, any document required to be made under paragraph 2 which he knows to be false, or

• (b) with intent to deceive, alters or causes to be altered any document required to be made under that paragraph,

is guilty of an offence.

• (2) A person guilty of an offence under sub-paragraph (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.

Amendment of sections 38, 41 and 42 of this Act

5

• (1) The following amendments shall take effect on the day appointed for the coming into force of paragraph 3, namely, in sections 38(2)(c) and 42(1)(b), after the words “sections 40 and 41” there shall be inserted the words “ and paragraph 3 of Schedule 5 ”.

• (2) The following amendments shall take effect on the day appointed for the coming into force of paragraph 4, namely, in section 41(1) and (2)(b), after the words “section 38 or 39” there shall be inserted the words “ or paragraph 4(1) of Schedule 5 ”.

SCHEDULE 6

General transitional provisions

1

The substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.

2

In so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.

3

Any reference (express or implied) in this Act or any other enactment, instrument or document to—

• (a) any provision of this Act, or

• (b) things done or falling to be done under or for the purposes of any provision of this Act,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

4

Any reference (express or implied) in any enactment, instrument or document to—

• (a) a provision repealed or revoked by this Act, or

• (b) things done or falling to be done under or for the purposes of such a provision,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

5

Paragraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the Interpretation Act 1978 (but without prejudice to any other provision of that Act).

Meaning of “local authority” in relation to Scotland or Wales

6

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

Meaning of “holding company” and “subsidiary”

7

For the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the Companies Act 1985 as originally enacted.

Provisions relating to the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

8

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

9

For the purposes of this Act, beginning with 17th March 2022 —

• (a) any application for an operator’s licence made to a traffic commissioner under section 8 before 17th March 2022 is to be treated by the commissioner as an application for a heavy goods vehicle licence;

• (b) any objection to, or representations against, the grant of an application for an operator’s licence made to a traffic commissioner under section 12 before 17th March 2022 is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a heavy goods vehicle licence;

• (c) an operator’s licence issued under section 15 before 17th March 2022 is to be treated as a heavy goods vehicle licence;

• (d) any application for a variation of an operator’s licence made to a traffic commissioner under section 17 before 17th March 2022 is to be treated by the commissioner as an application for a variation of a heavy goods vehicle licence;

• (e) any objection to, or representations against, the grant of an application for a variation of an operator’s licence made to a traffic commissioner under section 19 before 17th March 2022 is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a variation of a heavy goods vehicle licence;

• (f) any request for an interim operator’s licence made under section 24 before 17th March 2022 is to be treated as a request for an interim heavy goods vehicle licence;

• (g) any interim operator’s licence issued under section 24 before 17th March 2022 is to be treated as an interim heavy goods vehicle licence.

10

For the purposes of this Act ..., an individual who before 17th March 2022 was designated a transport manager under section 13A(3)—

• (a) in accordance with Article 4(1) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(a)(ii) ..., or

• (b) in accordance with Article 4(2) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(b) ....

11

Paragraphs 12 to 18 apply for the purposes of applying for, or holding, a light goods vehicle licence.

12

The Secretary of State may exempt an individual until the end of 20th May 2025 from the requirement under section 13A(3)(a)(i) or paragraph 14A(1)(c) of Schedule 3 to be professionally competent if the Secretary of State is satisfied that the individual had, for ten years or more ending with 20th August 2020, continuously managed national or international transport operations as, for or on behalf of an undertaking that used only light goods vehicles.

13

An individual, or a person acting on behalf of an individual, may, on or before 20th May 2024, apply to the Secretary of State for an exemption.

14

An individual (or person) who applies for an exemption must provide the Secretary of State with the information necessary for the Secretary of State to verify the individual’s management experience.

15

The Secretary of State may, beginning with the day after the day on which the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 were made, treat as an application any information submitted to the Secretary of State by an individual, or a person acting on behalf of an individual, before that day.

16

If the Secretary of State decides not to grant an exemption—

• (a) the applicant may appeal the decision to a traffic commissioner within 28 days beginning with the day after the date the decision is made, and

• (b) the traffic commissioner must, within 56 days beginning with the day after the date the appeal is made, confirm or reverse the decision.

17

A traffic commissioner may consider as part of deciding an appeal any relevant information not provided by the applicant to the Secretary of State.

18

Despite paragraph 13 of Schedule 3, a traffic commissioner must regard as professionally competent until the end of 20th May 2025 any individual who is granted an exemption—

• (a) by the Secretary of State, or

• (b) following the reversal by a traffic commissioner of a decision by the Secretary of State not to grant an exemption.

19

Paragraphs 11 to 18 and this paragraph expire at the end of 20th May 2025.

SCHEDULE 7

The Road Traffic Act 1960 (c. 16)

1

In section 232 of the Road Traffic Act 1960 (duty to give information as to identity of driver), for subsection (1)(b) there shall be substituted—

(b) to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995;

.

2

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

The Transport Act 1968 (c. 73)

3

In section 51 of the Transport Act 1968 (subsidiaries and joint subsidiaries), in subsection (5), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.

4

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

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

5

• (1) In section 4 of the Road Traffic (Foreign Vehicles) Act 1972 (duty to produce certain documents), in subsection (1)—

• (a) in paragraph (a), for the words “section 91(4) of the Transport Act 1968” there shall be substituted the words “ section 57(6) of the Goods Vehicles (Licensing of Operators) Act 1995 ”; and

• (b) in paragraph (b), for the words “section 60(1)” there shall be substituted the words “ section 2(1) ”.

6

In Schedule 2 to that Act (provisions relating to vehicles and their drivers), in the first column—

• (a) for the words “Section 60 of the Transport Act 1968” there shall be substituted the words “ Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 ”; and

• (b) for the words “section 91(1)(c) of the Transport Act 1968” there shall be substituted the words “ section 57(2)(d) of the Goods Vehicles (Licensing of Operators) Act 1995 ”.

International Road Haulage Permits Act 1975 (c. 46)

7

In section 1 of the International Road Haulage Permits Act 1975 (duty to carry and produce international road haulage permits), in subsection (8), for the words “Part V of the Transport Act 1968” there shall be substituted the words “ the Goods Vehicles (Licensing of Operators) Act 1995 ”.

Transport Act 1982 (c. 49)

8

In section 8 of the Transport Act 1982 (private-sector vehicle testing), in subsection (2)(a), after “1968” there shall be inserted the words “ or the Goods Vehicles (Licensing of Operators) Act 1995 ”.

London Regional Transport Act 1984 (c. 32)

9

In section 62 of the London Regional Transport Act 1984 (joint subsidiaries), in subsection (3)(a), for the words “Parts V and VI” there shall be substituted the words “ Part VI ”.

Transport Act 1985 (c. 67)

10

In Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in paragraph 9(1), the words “Part V of the 1968 Act,” shall be omitted and after the words “the 1981 Act” there shall be inserted the words “ , the Goods Vehicles (Licensing of Operators) Act 1995 ”.

Road Traffic Act 1988 (c. 52)

11

In section 66A of the Road Traffic Act 1988 (appointment of examiners), in subsection (1), after the words “this Part of this Act,” there shall be inserted the words “ the Goods Vehicles (Licensing of Operators) Act 1995, ”.

12

• (1) In section 73 of that Act (provisions supplementary to sections 69 to 72), in subsection (1)—

• (a) for the words “an authorised vehicle” there shall be substituted the words “ , by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence, ”; and

• (b) in paragraph (a), for the words “the operator’s licence was granted for the vehicle” there shall be substituted the words “ the licence was issued ”.

• (2) In that section, after subsection (1), there shall be inserted—

(1ZA) Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators’ licences— (a) if those licences were issued by different traffic commissioners, his duty under paragraph (a) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those commissioners, (b) if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and (c) if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others.

.

• (3) In subsection (4) of that section, for the words from “and section 72” to “Transport Act 1968” there shall be substituted the words “ ”operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995 ”.

13

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

14

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

SCHEDULE 8

Part I — Enactments repealed

Part II — Subordinate legislation revoked

TABLE OF DERIVATIONS

Notes:

1

This Table shows the derivation of the provisions of the Act.

2

The following abbreviations are used in the Table:—

3

The Table does not separately acknowledge the provisions in the Magistrates’ Courts Act 1980 (c.43), the Criminal Justice Act 1982 (c.48) and the Criminal Procedure (Scotland) Act 1975 (c.21) by virtue of which the fines which may be imposed on conviction of the offences consolidated were increased and references to the amount of the maximum fines to which persons are liable in respect of the offences were translated into levels on the standard scale.

4

The functions originally vested in the Minister of Transport by the Transport Act 1968 have become vested in the Secretary of State by virtue of the following transfer of functions orders: the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), the Secretary of State for Transport Order 1976 (S.I. 1976/1775), the Minister of Transport Order 1979 (S.I. 1979/571) and the Transfer of Functions (Transport) Order 1981 (S.I. 1981/238). The Table does not separately acknowledge the effect of those Orders.

Editorial notes