The Goods Vehicles (Licensing of Operators) Regulations 1995

• “Tunisia vehicle” means—a motor vehicle registered in Tunisia, ora vehicle combination consisting of—a motor vehicle registered in Tunisia, anda trailer;

• “the UK-Tunisia agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Tunisian Republic on the International Carriage of Goods by Road done at London on 10th March 1982.

Vehicles used by operators authorised in Turkey

62

• (1) A Turkey vehicle—

• (a) brought temporarily into Great Britain by a Turkey operator, and

• (b) used by the operator for the carriage of goods—

• (i) from the United Kingdom to Turkey, or vice versa,

• (ii) through the United Kingdom from Turkey to a country other than the United Kingdom, or vice versa, or

• (iii) from the United Kingdom to a country other than the United Kingdom or Turkey, or vice versa, under a permit issued to the operator pursuant to Article 9 of the UK-Turkey Agreement, if the driver of the vehicle is carrying the permit.

• (2) In this paragraph—

• “Turkey operator” means a person who is authorised under the law of Turkey to use a goods vehicle on a road for the international carriage of goods;

• “Turkey vehicle” means—a motor vehicle registered in Turkey, ora vehicle combination consisting of—a motor vehicle registered in Turkey, anda trailer;

• “the UK-Turkey Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Turkey concerning International Road Transport done at Ankara on 9th September 1977.

Vehicles used by operators authorised in Turkmenistan

63

• (1) A Turkmenistan vehicle—

• (a) brought temporarily into Great Britain by a Turkmenistan operator,

• (b) used by the operator for the international carriage of goods on a journey that is not from the United Kingdom to a country other than Turkmenistan, or vice versa, and

• (c) which is—

• (i) a vehicle used for recovery,

• (ii) a vehicle used by the operator for the carriage only of one or more of the goods listed in sub-paragraph (2), or

• (iii) a vehicle used by the operator for the carriage of goods under a permit issued to the operator pursuant to Article 5 or Article 7 of the UK-USSR Agreement, if the driver of the vehicle is carrying the permit.

• (2) The goods are—

• (a) a broken-down or damaged goods vehicle or passenger vehicle;

• (b) goods dispatched to a country—

• (i) to be exhausted through use for a film, radio or television production, an exhibition, a fair, or a sports event, or

• (ii) to be used temporarily for a film, radio or television production, an exhibition, a fair, or a sports event, before being removed from that country to any other country;

• (c) postal packets;

• (d) the remains of a deceased individual.

• (3) A Turkmenistan vehicle—

• (a) brought temporarily into Great Britain by a Turkmenistan operator,

• (b) used by the operator for the international carriage of goods on a journey that is from the United Kingdom to a country other than Turkmenistan, or vice versa,

• (c) used by the operator for the carriage of goods under a special permit issued to the operator pursuant to Article 9(2) of the UK-USSR Agreement, and

• (d) on which the driver of the vehicle is carrying the permit.

• (4) In this paragraph—

• “Turkmenistan operator” means a person who is—authorised under the law of Turkmenistan to use a goods vehicle on a road for the international carriage of goods, andnot subject to a withdrawal issued to the person pursuant to Article 20(c) of the UK-USSR Agreement;

• “Turkmenistan vehicle” means—a motor vehicle registered in Turkmenistan, ora vehicle combination consisting of—a motor vehicle registered in Turkmenistan, anda trailer.

Vehicles used by operators authorised in Ukraine

64

• (1) A Ukraine vehicle—

• (a) brought temporarily into Great Britain by a Ukraine operator,

• (b) used by a Ukraine operator for the international carriage of goods, and

• (c) which is any of the following—

• (i) a medium-weight vehicle;

• (ii) a Euro V standards-compliant vehicle;

• (iii) a Euro VI standards-compliant vehicle;

• (iv) a zero-emission vehicle;

• (v) a vehicle used by a Ukraine operator for the carriage of goods on own account on a journey from the United Kingdom to Ukraine, or vice versa;

• (vi) any other vehicle used by the operator for the carriage only of one or more of the goods listed in sub-paragraph (2);

• (vii) any other vehicle used by the operator for the carriage of goods under a permit issued to the operator pursuant to Article 5 of the UK-Ukraine Agreement, if the driver of the vehicle is carrying the permit.

• (2) The goods are—

• (a) an artwork or art object for use in an exhibition or for a commercial purpose;

• (b) a broken-down or damaged vehicle;

• (c) goods for—

• (i) a cinematographic, circus, musical or theatrical performance;

• (ii) an exhibition, fair or sports event;

• (iii) a film, radio or television production;

• (d) medical supplies for use in the event of a natural disaster or other emergency;

• (e) postal packets;

• (f) samples of objects and materials the carriage of which is—

• (i) occasional, and

• (ii) exclusively for information or publicity purposes.

• (3) In this paragraph—

• “Euro V standards-compliant vehicle” means a vehicle where the engine satisfies the emissions limit values set out in row B2 and row C of each of the tables in Section 6.2.1 of Annex 1 to Directive 2005/55/EC of the European Parliament and Council of 28 September 2005, as that law had effect on 30 December 2013;

• “Euro VI standards-compliant vehicle” means a vehicle where the engine satisfies the emissions limit values set out in Annex 1 to Regulation 595/2009 of the European Parliament and Council of 18 June 2009, as that law had effect immediately before IP completion day;

• “Ukraine operator” means an operator who is—authorised under the law of Ukraine to engage in the international carriage of goods, andnot subject to an exclusion notice issued by the Government of Ukraine pursuant to Article 11(1)(c) of the UK-Ukraine Agreement;

• “Ukraine vehicle” means—a motor vehicle registered in Ukraine, ora vehicle combination consisting of—a motor vehicle registered in Ukraine, anda trailer;

• “the UK-Ukraine Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ukraine on International Road Transport done at London on 13th December 1995;

• “zero-emission vehicle” means a vehicle without an internal combustion engine, or with an internal combustion engine that emits less than 1g CO₂/kWh as determined in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council and its implementing measures, as that law had effect immediately before IP completion day, or that emits less than 1g CO₂/km as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council and its implementing measures, as that law had effect immediately before IP completion day.

Vehicles used by operators authorised in Uzbekistan

65

• (1) An Uzbekistan vehicle—

• (a) brought temporarily into Great Britain by an Uzbekistan operator,

• (b) used by the operator for the international carriage of goods on a journey that is not from the United Kingdom to a country other than Uzbekistan, or vice versa, and

• (c) which is—

• (i) a vehicle used for recovery,

• (ii) a vehicle used by the operator for the carriage only of one or more of the goods listed in sub-paragraph (2), or

• (iii) a vehicle used by the operator for the carriage of goods under a permit issued to the operator pursuant to Article 5 or Article 7 of the UK-USSR Agreement, if the driver of the vehicle is carrying the permit.

• (2) The goods are—

• (a) a broken-down or damaged goods vehicle or passenger vehicle;

• (b) goods dispatched to a country—

• (i) to be exhausted through use for a film, radio or television production, an exhibition, a fair, or a sports event, or

• (ii) to be used temporarily for a film, radio or television production, an exhibition, a fair, or a sports event, before being removed from that country to any other country;

• (c) postal packets;

• (d) the remains of a deceased individual.

• (3) An Uzbekistan vehicle—

• (a) brought temporarily into Great Britain by an Uzbekistan operator,

• (b) used by the operator for the international carriage of goods on a journey that is from the United Kingdom to a country other than Uzbekistan, or vice versa,

• (c) used by the operator for the carriage of goods under a special permit issued to the operator pursuant to Article 9(2) of the UK-USSR Agreement, and

• (d) on which the driver of the vehicle is carrying the permit.

• (4) In this paragraph—

• “Uzbekistan operator” means a person who is—authorised under the law of Uzbekistan to use a goods vehicle on a road for the international carriage of goods, andnot subject to a withdrawal issued to the person pursuant to Article 20(c) of the UK-USSR Agreement;

• “Uzbekistan vehicle” means—a motor vehicle registered in Uzbekistan, ora vehicle combination consisting of—a motor vehicle registered in Uzbekistan, anda trailer.

Vehicles used by operators established in the Channel Islands, the Faroe Islands, the Isle of Man or Gibraltar

66

• (1) A qualifying vehicle—

• (a) brought temporarily into Great Britain by a qualifying operator, and

• (b) used by the operator for the international carriage of goods.

• (2) In this paragraph—

• “operator” means, in relation to a qualifying vehicle—the driver of the vehicle, if the vehicle belongs to the driver or is in the driver’s possession under an agreement for hire or hire-purchase, or a loan;in any other case, the person whose employee or agent the driver is;

• “qualifying operator” means, in relation to a qualifying vehicle, an operator who has an effective and stable establishment in the country in which the qualifying vehicle is registered;

• “qualifying vehicle” means—a motor vehicle registered in—the Faroe Islands,Gibraltar,the Bailiwick of Guernsey,the Bailiwick of Jersey, orthe Isle of Man, ora vehicle combination consisting of—a motor vehicle registered in a country mentioned in paragraph (a), anda trailer.

Vehicles used by operators authorised in the European Union

67

• (1) An EU vehicle—

• (a) brought temporarily into Great Britain by a person who holds a Community licence,

• (b) on which the driver of the vehicle is carrying a certified true copy of the licence, and

• (c) used by the person for either or both—

• (i) the international carriage of goods;

• (ii) national transport operations pursuant to Chapter 3 of EUR 2009/1072 (cabotage) and in accordance with sub-paragraph (4).

• (2) An EU vehicle—

• (a) brought temporarily into Great Britain by a person who carries on a trade or business in a member State, and

• (b) used by the person for either or both—

• (i) the international carriage of goods as set out in Article 1(5) of EUR 2009/1072;

• (ii) national transport operations, pursuant to Chapter 3 of EUR 2009/1072, for the carriage of goods as set out in Article 1(5) of EUR 2009/1072, in accordance with sub-paragraph (4).

• (3) An EU vehicle—

• (a) brought temporarily into Great Britain by a person who carries on a trade or business in a member State,

• (b) which has a maximum authorised speed not exceeding 40 kilometres per hour, and

• (c) used by the person for either or both—

• (i) the international carriage of goods;

• (ii) cabotage, in accordance with sub-paragraph (4).

• (4) The EU vehicle is within the class of vehicle set out in sub-paragraph (1) or (2), in the case of the vehicle being used for national transport operations under sub-paragraph (1)(c)(ii) or (2)(b)(ii) or the class of vehicle set out in sub-paragraph (3), in the case of the vehicle being used for cabotage under sub-paragraph (3)(c)(ii), only if—

• (a) the person using the vehicle submits a posting declaration at or before the time the journey to which the use referred to in sub-paragraph (1)(c)(ii), (2)(b)(ii) or (3)(c)(ii) (as the case may be) relates commences, and

• (b) the driver of the vehicle is carrying a copy of the posting declaration in electronic or paper form.

• (5) In this paragraph—

• “cabotage” means no more than two laden journeys between points in the United Kingdom, performed within seven days of the unloading of the goods carried on a journey from the European Union to the United Kingdom;

• “Community licence” has the meaning given in Article 2(8) of EUR 2009/1072;

• “EU Market Information System” means the Internal Market Information System mentioned in Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC as it has effect in EU law;

• “EU vehicle” means—a motor vehicle registered in a member State, ora vehicle combination consisting of—a motor vehicle registered in a member State, anda trailer;

• “EUR 2009/1072” means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market;

• “international carriage” has the meaning given by Article 2 of EUR 2009/1072;

• “posting declaration” means a declaration—made using the EU Market Information System, anddeclaring—the identity of the person using the vehicle;the contact details of an individual located in the member State in which the motor vehicle is registered who is able to correspond with the Secretary of State on behalf of the person using the vehicle;the name, residential address and driving licence number of the driver of the vehicle on the journey for which the declaration is required;the expected period during which the vehicle will be used for national transport operations;the registration plate of the motor vehicle;if the person using the vehicle is not also the driver, the start date of, and the law applicable to, the driver’s contract of service with that person;

• “the person using the vehicle” is to be construed in accordance with section 58(2) of the 1995 Act.

Vehicles used by ECMT operators not established in the United Kingdom or the European Union

68

• (1) A non-UK/EU ECMT vehicle—

• (a) brought temporarily into Great Britain by a non-UK/EU ECMT operator,

• (b) used for the international carriage of goods,

• (c) which is any of the following—

• (i) a livestock vehicle;

• (ii) a vehicle used for recovery;

• (iii) a newly-acquired unladen vehicle being delivered to its final destination;

• (iv) a vehicle with a maximum laden weight not exceeding 3.5 tonnes;

• (v) a vehicle on a journey for the carriage only of one or more of the goods listed in sub-paragraph (2), and

• (d) in the case of a journey in Great Britain, used by the operator on a journey the origin and destination of which are ECMT countries.

• (2) The goods are—

• (a) a broken-down or damaged vehicle;

• (b) goods carried on a non-commercial basis for—

• (i) a cinematographic, circus, musical or theatrical performance;

• (ii) an exhibition, but only if an artwork or art object for the exhibition;

• (iii) a fair, fête or sports event;

• (iv) a film, radio or television production;

• (c) goods carried from or to an airport in support of an air service that has been diverted;

• (d) goods carried on own account;

• (e) medical supplies for use in the event of a natural disaster, emergency or other humanitarian need;

• (f) postal packets;

• (g) provisions, and spare parts, for an aircraft or ocean-going ship;

• (h) the remains of a deceased individual.

• (3) This paragraph does not exempt the use of a non-UK/EU ECMT vehicle which is—

• (a) a Switzerland vehicle, within the meaning given by paragraph 59(2) which is a livestock vehicle;

• (b) a Russia vehicle, within the meaning given by paragraph 57(4), which is—

• (i) a livestock vehicle, or

• (ii) a vehicle on a journey for the carriage only of one or more of the goods listed in sub-paragraph (2)(c), (d) and (h);

• (c) a Belarus vehicle, within the meaning given by paragraph 44(3), or a Turkey vehicle, within the meaning given by paragraph 62(2), on a journey for the carriage only of goods carried on own account.

• (4) A non-UK/EU ECMT vehicle—

• (a) brought temporarily into Great Britain by a non-UK/EU ECMT operator,

• (b) used by the operator for the international carriage of goods under a permit granting permission to carry out international removals in the form set out in Annex 2 of the ECMT Multilateral Quota User Guide published in January 2022, for use on journeys to, in or through ECMT countries, and

• (c) on which the driver of the vehicle is carrying the permit.

• (5) In this paragraph—

• “ECMT country” means a country which is a party to the Protocol concerning the European Conference of Ministers of Transport done at Brussels on 17th October 1953;

• “non-UK/EU ECMT operator” means, in relation to a non-UK/EU ECMT vehicle, an operator who—has an effective and stable establishment in the country in which the non-UK/EU ECMT vehicle is registered, andis authorised under the law of the country in which the operator is established to use a goods vehicle on a road for the international carriage of goods;

• “non-UK/EU ECMT vehicle” means a goods vehicle registered in an ECMT country other than the United Kingdom or a member State;

• “operator”, in relation to a non-UK/EU ECMT vehicle, means—the driver of the vehicle, if the vehicle belongs to the driver or is in the driver’s possession under an agreement for hire or hire-purchase, or a loan;in any other case, the person whose employee or agent the driver is.

Vehicles used for the carriage of goods under an ECMT licence

69

• (1) A motor vehicle or a vehicle combination—

• (a) used in Great Britain by an international operator for the international carriage of goods authorised under an ECMT licence, and

• (b) the driver of which carries a copy of the ECMT licence.

• (2) In this paragraph—

• “ECMT licence” means a licence for the carriage of goods in the United Kingdom allocated to an operator pursuant to the scheme for a multilateral quota established by Resolution No. 26 of the Council of Ministers of the European Conference of Ministers of Transport done at The Hague on 14th June 1973.

SCHEDULE3A — Modification of the 1995 Act and these Regulations for certain international operators

PART1 — Modification of the 1995 Act

Modifications to section 3 (“standard” and “restricted” licences)

1

Section 3 of the 1995 Act has effect as if—

• (a) for subsection (5) there were substituted—

(5) An operator’s licence, whether a standard licence or a restricted licence, may not authorise a goods vehicle to be used on national transport operations.

• (b) in subsection (7)—

• (i) for “international” there were substituted “national”;

• (ii) for “goods on national transport operations” there were substituted “goods on international transport operations”.

Modifications to section 5 (vehicles authorised to be used under operator’s licence)

2

Section 5 of the 1995 Act has effect as if—

• (a) for subsection (1) there were substituted—

(1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are— (a) any motor vehicle— (i) in the lawful possession of the licence-holder, and (ii) specified in the licence; (b) any trailer in the lawful possession of the licence-holder.

• (b) in subsection (2)—

• (i) in paragraph (a) for “no motor vehicle, or no trailer,” there were substituted “no trailer”;

• (ii) after paragraph (a) there were inserted—

(aa) that no trailer of a type specified in the licence is authorised to be used under it; or

• (iii) at the end of paragraph (b) “; or” were omitted;

• (iv) paragraph (c) were omitted;

• (ba) in subsection (3)—

• (i) “motor vehicle or” were omitted;

• (ii) “motor vehicles or” were omitted;

• (c) paragraphs (4) to (7) were omitted.

Modifications to section 6 (maximum numbers of vehicles)

3

Section 6 of the 1995 Act has effect as if—

• (a) for subsections (1) to (4) there were substituted—

(1) An operator’s licence that does not contain a provision referred to in section 5(2)(b)— (a) must specify a maximum number for trailers, and (b) may specify a maximum number for trailers— (i) whose relevant weight exceeds a weight specified in the licence; (ii) of a type specified in the licence.

• (b) in subsection (5), for “(2)(a)” there were substituted “(1)(a)”;

• (c) in subsection (6)—

• (i) for “(2)(b)” there were substituted “(1)(b)”;

• (ii) after “specified weight” there were inserted “or for trailers of a specified type”;

• (d) in subsection (8), “(3), (4)(a) or (b),” were omitted.

Cessation of section 7 (operating centres to be specified in heavy goods vehicle licences)

4

Section 7 of the 1995 Act has no effect.

Modifications to section 8 (applications for operators’ licences)

5

Section 8 of the 1995 Act has effect as if—

• (a) for subsections (1A) to (3) there were substituted—

(2) A person may not at any time hold more than one operator’s licence. (3) A person applying for an operator’s licence must give to the traffic commissioner— (a) a statement— (i) containing such particulars as the commissioner may require of the motor vehicles proposed to be used under the licence, and (ii) stating the number and type of any trailers proposed to be used under the licence; and (b) details of any— (i) notifiable conviction (within the meaning given in paragraph 4 of Schedule 2); (ii) notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2); (iii) prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle the person owned at the time the prohibition was imposed.

• (b) in paragraph (4) the words from “and in particular” to the end, and the comma before those words, were omitted;

• (c) paragraph (5) were omitted.

Modifications to section 9 (convictions etc. subsequent to the making of an application)

6

Section 9 of the 1995 Act has effect as if for subsections (1) to (3) there were substituted—

(1) A person who makes an application for an operator’s licence must immediately notify the traffic commissioner if, in the interval between the making of the application and the date on which it is disposed of, there occurs— (a) a notifiable conviction (within the meaning given in paragraph 4 of Schedule 2); (b) a notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2); (c) a prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle the person owned at the time the prohibition was imposed; (d) a change affecting any information given to the commissioner under section 8(4). (2) A person who knowingly fails to comply with subsection (1) is— (a) guilty of an offence, and (b) liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Cessation of sections 10 and 11 (publication of notice of application for licence)

7

Sections 10 and 11 of the 1995 Act have no effect.

Cessation of sections 12 and 14 (objections to operators’ licences)

8

Sections 12 and 14 of the 1995 Act have no effect.

Substitution of section 13 (determination of applications for operators’ licences)

9

The 1995 Act has effect as if for section 13 there were substituted—

(13) On an application for an operator’s licence a traffic commissioner must consider whether the applicant is a fit and proper person to hold an operator’s licence having had regard to any— (a) previous known conduct of the applicant in respect of the use and operation of motor vehicles, whether in the United Kingdom or elsewhere; (b) notifiable conviction, notifiable fixed penalty notice or prohibition required to be disclosed under section 8(3); (c) notifiable conviction, notifiable fixed penalty notice or prohibition required to be notified under section 9(1); (d) information given to the commissioner under section 8(4) and any change to that information notified under section 9(1).

Cessation of sections 13A to 13D (requirements for operators’ licences)

10

Sections 13A to 13D of the 1995 Act have no effect.

Substitution of section 15 (issue of operators’ licences)

11

The 1995 Act has effect as if for section 15 there were substituted—

(15) (1) A traffic commissioner may issue an operator’s licence in terms that differ from the terms applied for in any of the following respects— (a) more or fewer motor vehicles are specified in the licence; (b) different motor vehicles are specified in it; (c) it includes a provision such as is mentioned in section 5(2); (d) it includes a provision such as is mentioned in section 6(1)(b); (e) a higher or lower maximum number for trailers is specified in it under section 6(1). (2) A statement must appear on the face of every operator’s licence indicating— (a) whether it is a standard licence or a restricted licence, and (b) that it covers international transport operations only.

Modifications to section 16 (duration of operators’ licences)

12

Section 16 of the 1995 Act has effect as if—

• (a) for subsection (2) there were substituted—

(2) The holder of an operator’s licence may at any time terminate the licence by notifying a traffic commissioner of its termination.

• (b) subsections (3) and (4) were omitted.

Substitution of section 17 (variation of operators’ licences)

13

The 1995 Act has effect as if for section 17 there were substituted—

(17) (1) The holder of an operator’s licence may apply to a traffic commissioner for a licence to cease to specify a vehicle (“the replaced vehicle”) and to specify another similar vehicle (“the replacement vehicle”). (2) A person applying for a variation under subsection (1) must give to the traffic commissioner such information, in such form, as the commissioner may reasonably require for disposing of the application. (3) If the traffic commissioner grants the application, the commissioner must direct that the licence— (a) specify the replacement vehicle, and (b) cease specifying the replaced vehicle.

Cessation of sections 18 to 20 (further provisions relating to variation of heavy goods vehicles licences)

14

Sections 18, 19 and 20 of the 1995 Act have no effect.

Cessation of sections 21 and 23 (conditions attached to heavy goods vehicle licences)

15

Sections 21 and 23 of the 1995 Act have no effect.

Substitution of section 22 (conditions attached to operators’ licences as to matters required to be notified to traffic commissioner)

16

The 1995 Act has effect as if for section 22 there were substituted—

(22) (1) On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as the commissioner thinks fit for requiring the holder to inform a traffic commissioner of any event of a kind referred to in subsection (2), and to do so within 28 days of the event. (2) The kind of event is one which is— (a) specified in the conditions which affect the licence-holder, and (b) relevant to the exercise of any powers of a traffic commissioner in relation to the licence.

Cessation of sections 24 and 25 (interim operators’ licences and interim variations)

17

Sections 24 and 25 of the 1995 Act have no effect.

Substitution of section 26 (revocation, suspension and curtailment of operators’ licences)

18

The 1995 Act has effect as if for section 26 there were substituted—

(26) (1) A traffic commissioner may, subject to section 29, direct that an operator’s licence be revoked, suspended or curtailed on the grounds that— (a) the licence-holder has contravened any condition attached to the licence; (b) during the five years ending with the date on which the direction is given there has been— (i) a conviction of the licence-holder of one or more notifiable convictions (within the meaning of paragraph 4 of Schedule 2), (ii) a notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2), or (iii) a prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle which the licence-holder owned at the time the prohibition was imposed; (c) since the licence was issued or varied the commissioner has learned that— (i) a statement of fact of the licence-holder made for the purposes of an application for the licence or an application for the variation of the licence was false, or (ii) a statement of expectation of the licence-holder made for those purposes has not been fulfilled. (2) In this Act references to directing that an operator’s licence be curtailed are references to directing, with effect for the remainder of the duration of the licence or for any shorter period— (a) that one or more of the vehicles specified in the licence be removed from it; (b) that a provision such as is mentioned in section 5(2) or 6(1) or (2)(b) be included in the licence. (3) Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner may at any time— (a) cancel the direction, or (b) with the consent of the licence-holder, vary the direction. (4) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

Cessation of section 27 (revocation of standard licences)

19

Section 27 of the 1995 Act has no effect.

Modifications to section 28 (disqualification)

20

• (1) Section 28 of the 1995 Act has effect as if—

• (a) for subsection (1) there were substituted—

(1) If under section 26(1) a traffic commissioner directs that an operator’s licence be revoked, the commissioner may order the person who was the holder of the licence to be disqualified from holding or obtaining an operator’s licence— (a) indefinitely, or (b) for such period as the commissioner thinks fit.

• (b) subsection (3) were omitted.

Modifications to section 29 (revocation and disqualification etc: supplementary provisions)

21

Section 29 of the 1995 Act has effect as if—

• (a) in subsection (1)—

• (i) for paragraph (a) there were substituted—

(a) give a direction under section 26(1) in respect of any licence, or

• (ii) paragraph (b) were omitted;

• (b) in subsection (2)—

• (i) for paragraph (a) there were substituted—

(a) section 26(1), or

• (ii) paragraph (b) were omitted.

Cessation of sections 30 to 34 (provisions relating to operating centres)

22

Sections 30 to 34 of the 1995 Act have no effect.

Modification to section 37 (rights of appeal in connection with operator’s licences)

23

Section 37 of the 1995 Act has effect as if—

• (a) in subsection (2) for “section 5(9), 26(1) or (2), 27(1), 31 or 32” there were substituted “section 5(9) or 26(1)”;

• (b) subsection (3) were omitted.

Cessation of section 40 (inspection of maintenance facilities)

24

Section 40 of the 1995 Act has no effect.

Cessation of sections 44 and 49 (miscellaneous provisions)

25

Sections 44 and 49 of the 1995 Act have no effect.

Modification to section 51 (time for bringing proceedings)

26

Section 51 of the 1995 Act has effect as if for “9(3)(a) or (b)” there were substituted “9(2)”.

PART2 — Modification of these Regulations

Modifications to Part 2 (applications)

27

• (1) Regulation 4 (manner of making applications) has effect as if for paragraph (c) there were substituted—

(c) if made for the issue of a licence, state whether it relates to a standard licence or a restricted licence.

• (2) Regulation 7 (notice of applications) has no effect.

• (3) Regulation 9 (inspection of applications) has effect as if paragraphs (1) and (3) were omitted and the heading is to be read as “Inspection of licences”.

Cessation of Part 3 (objections and representations)

28

Part 3 has no effect.

Cessation of Part 4 (operating centres)

29

Part 4 has no effect.

Modifications to Part 6 (applications and decisions)

30

• (1) Regulation 21 (statement to be issued by the traffic commissioner) has effect as if for paragraph (1) there were substituted—

(1) A traffic commissioner must publish as occasion may require a statement known as “Applications and Decisions”. (1A) The statement must contain, unless previously notified— (a) any direction given under section 26 to revoke, suspend or curtail a licence; (b) in relation to inquiries— (i) the dates on which, and the places at which, the inquiries are proposed to be held, and (ii) decisions on applications.

• (2) Regulation 22 has effect as if—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a) for “Articles 6.2(a) and” there were substituted “Article”;

• (ii) sub-paragraphs (b) and (c) were omitted;

• (b) paragraph (2)(b) were omitted;

• (c) paragraph (3) were omitted.

Modifications to Part 7 (other matters)

31

• (1) Regulation 23 (identification of motor vehicles) has effect as if—

• (a) for paragraph (2) there were substituted—

(2) The disc shall clearly indicate, by colour or other means— (a) whether a vehicle is being used under a standard licence or under a restricted licence, (b) that the vehicle may not be used for national transport operations, and (c) the date on which the disc expires.

• (b) paragraphs (5) and (6) were omitted.

• (2) Regulation 26 (production of licence for examination) has effect as if for paragraph (1) there were substituted—

(1) If requested by an officer or a police constable, the holder of an operator’s licence must produce the licence for inspection at a place specified by the officer or police constable.

• (3) Regulation 28 (return of licences and discs) has effect as if—

• (a) paragraphs (2) and (5) were omitted;

• (b) in paragraph (3) “, or if a traffic commissioner has given a direction in respect of a licence under section 26(2),” were omitted.

• (4) Regulation 29 (partnerships) has effect as if paragraphs (1), (3), (4), (5), (7) and (12) were omitted.

• (5) Regulation 30 (holding companies and subsidiaries) has effect as if—

• (a) in sub-paragraph (1)(b) for “section 17(1)(a)” there were substituted “section 17(3)(a)”;

• (b) in sub-paragraph (2) for “section 17(1)(b)” there were substituted “section 17(3)(b)”;

• (c) sub-paragraph (5) were omitted.

• (6) Regulation 31 (continuance of licence on death, bankruptcy etc) has no effect.

• (7) Regulation 32 (offences) has effect as if “, 28(2)” were omitted.

• (8) Regulation 33 (classes of vehicle for which a licence is not required) has effect as if, in paragraph (2), for the words “on a plate affixed to the vehicle by virtue of regulation 66 of those Regulations” there were substituted “in accordance with the law of the country in which the international operator has an effective and stable establishment”.

Modification to Schedule 2

32

Paragraph 2 of Schedule 2 has effect as if—

• (a) sub-paragraphs (h), (i), (j) and (l) were omitted;

• (b) in sub-paragraph (k) for “(a), (b), (d), (e), (g) and (h)” there were substituted “(a) and (c)”;

• (c) for sub-paragraph (m) there were substituted—

(m) in section 26(1)(b) the references to the licence-holder included references to the subsidiary, and as if the reference in sub-paragraph (iii) to a vehicle which the licence holder owned included a reference to a vehicle which the subsidiary owned.