Public Passenger Vehicles Act 1981

• (4) The holder of a PSV operator’s licence may appeal to the Upper Tribunal against any decision of a traffic commissioner—

• (a) to refuse his application for the variation or removal of any condition attached to the licence; or any undertaking recorded in it

• (b) to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or

• (c) to revoke or suspend the licence ... .

• (4A) A person who—

• (a) within the prescribed period has made an application for a review under section 49A of this Act; 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.

• (5) Where—

• (a) the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or

• (b) any person in respect of whom any such order or direction has been made or given;

is aggrieved by the order or direction he may appeal to the Upper Tribunal.

• (5A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State

• (6) A traffic commissioner—

• (a) making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;

• (b) making any such order or giving any such direction as is mentioned in subsection (5) above;

may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Upper Tribunal and, if an appeal is made, until it is disposed of.

• (6A) A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.

• (6B) On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

• (7) Where a traffic commissioner has given a direction under subsection (6) above he or another traffic commissioner may withdraw it at any time.

• (8) If a traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Upper Tribunal ... .

• (9) This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).

Further appeals on points of law

51

• (1) A person applying for—

• (a) a certificate of initial fitness under section 6 of this Act; or

• (b) a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

may appeal to the Secretary of State against the refusal of an examiner to issue such a certificate.

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

• (3) An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

• (4) On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the examiner for giving effect to his decision; and it shall be the duty of the examiner to comply with any such directions.

Financial provisions

Fees for grant of licences etc.

52

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

• (a) by a traffic commissioner in respect of—

• (i) applications for, and the grant of, PSV operators’ licences ... ;

• (ia) applications under section 16(6) of this Act and the grant of such applications;

• (ib) the continuation in force of PSV operators’ licences;

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

• (iii) the issue of operators’ discs under section 18 of this Act;

• (iv) applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and

• (v) applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;

• (b) by the traffic commissioner for each traffic area ... in respect of—

• (i) applications for, and the issue of, licences to drive public service vehicles; and

• (ii) the provision by the traffic commissioner ... of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.

• (2) A traffic commissioner ... may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—

• (a) any such application as is mentioned in subsection (1) above;

• (b) the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;

• (bb) the issue of any certificate, disc or other document referred to in subsection (1) above; or

• (c) the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,

until the fee or instalment in question has been paid.

• (2A) If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—

• (a) the application shall be treated as withdrawn at that time;

• (b) any decision made on the application ceases to have effect at that time; and

• (c) any licence granted in pursuance of such a decision terminates at that time.

• (2B) If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—

• (a) the application shall be treated as withdrawn at that time;

• (b) any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.

• (2C) If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—

• (a) the continuation in force of the licence; or

• (b) the issue of operators’ discs under section 18(2C) of this Act,

is not duly paid by the prescribed time, the licence terminates at that time.

• (2D) If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.

• (2E) A traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

• (2F) Where a traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—

• (a) report any matter to the Secretary of State; or

• (b) give him notice of any alteration,

during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.

• (3) Any fees received by a traffic commissioner by virtue of this section ... shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

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

Payment of expenses

53

• (1) There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . traffic commissioners, . . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, or II . . . of this Act, including any expenses incurred in connection with the employment of police officers as . . . vehicle examiners.

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

Provisions relating to traffic commissioners etc.

Procedure of traffic commissioners

54

• (1) A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.

• (2) Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons a single inquiry may be held in response to those requests.

• (3) Subject to any provision made by regulations, any inquiry held under this section shall be public.

• (4) Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.

• (5) Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.

• (6) Regulations may make provision, in relation to orders under subsection (5) above, as to—

• (a) the method of calculating the amount of any costs incurred as mentioned in that subsection; and

• (b) the maximum amount which may be ordered to be paid under such an order.

• (7) Any amount so ordered to be paid by any person may be recoverable from him—

• (a) in England and Wales, as a debt due to the Crown; or

• (b) in Scotland, by the Secretary of State.

• (8) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except—

• (a) with the consent of the person for the time being carrying it on;

• (b) for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below or under the 2009 Regulation or the 2011 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 any such enactment or the 2009 Regulation or the 2011 Regulation (including proceedings before the Upper Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (9) The enactments referred to in subsection (8)(b) and (c) above are—

• (a) sections 12 to 21 of this Act; ...

• (b) sections 24 to 28 of the Transport Act 1985

• (c) the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.

• (10) The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annual report of traffic commissioners and metropolitan police commissioner

55

Each traffic commissioner shall make an annual report to the Secretary of State on his proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . .

Records of licences

56

• (1) Each traffic commissioner ... shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by ... him under this Act and shall allow the record to be inspected at all reasonable times by members of the public.

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

• (3) A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.

Supplementary provisions as to licences etc.

Death, bankruptcy etc. of licence holder

57

• (1) A PSV operator’s licence ... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

• (2) A PSV operator’s licence ... held by an individual terminates if he—

• (a) dies, or

• (b) is made bankrupt or has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or

• (c) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.

• (3) In relation to a PSV operator’s licence ... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

• (4) A traffic commissioner may—

• (a) direct that the termination of a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the commissioner that there are special circumstances, eighteen months, and

• (b) authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioner may impose.

• (5) In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).

Partnership and related matters

58

• (1) Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.

• (2) A PSV operator’s licence . . . shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.

Regulations

Power to make regulations as to procedure on applications for licences etc.

59

Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—

• (a) applications for the grant of PSV operator’s licences, . . . or licences to drive public service vehicles,

• (b) applications or proposals for the variation of conditions attached to PSV operators’ licences . . . ,

• (c) the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and

• (d) the surrender of licences,

and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.

General power to make regulations for purposes of Act

60

• (1) The Secretary of State may make regulations . . . for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—

• (a) the forms to be used for the purpose of this Act;

• (b) applications for and issue of licences and of certificates of initial fitness;

• (c) the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;

• (f) the documents, plates and marks to be carried by, and the information to be displayed in or on public service vehicles and the manner in which they are to be carried or it is to be displayed;

• (g) the badges to be worn by drivers of public service vehicles;

• (h) the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to traffic commissioners . . . , of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;

• (j) the carriage of luggage and goods on public service vehicles or tramcars;

• (k) the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle or tramcar and fixing the charges made in respect thereof;

• (l) the equipment to be carried by public service vehicles;

• (m) for providing that this Act or, any provision thereof, shall have effect in relation to—

• (i) public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and

• (ii) public service vehicles registered outside Great Britain,

with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;

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

• (1A) Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

• (a) make different provision as respects different areas; and

• (b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

• (1B) Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.

• (2) In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State.

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

Exercise of regulation making powers and parliamentary control thereof

61

• (1) Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Provisions relating to Metropolitan Traffic Area

Power of Secretary of State to transfer licensing functions of metropolitan police commissioner to traffic commissioners

62

Accounts of metropolitan police commissioner

63

Exclusion of certain enactments as respects Metropolitan Traffic Area

64

• (1) As respects the Metropolitan Traffic Area, the Metropolitan Public Carriage Act 1869 and the London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.

• (2) As respects the Metropolitan Traffic Area, no local authority shall exercise under the Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.

Provisions relating to offences and legal proceedings

Forgery and misuse of documents etc.

65

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

• (a) a licence under Part II ... of this Act;

• (ea) a control document issued in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395);

• (b) a certificate of initial fitness under section 6 of this Act;

• (bb) a notice removing a prohibition under section 9 of this Act;

• (c) a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

• (d) an operator’s disc under section 18 of this Act;

• (e) a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A person who, with intent to deceive—

• (a) forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or

• (b) 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,

shall be liable—

• (i) on conviction on indictment, to imprisonment for a term not exceeding two years;

• (ii) on summary conviction, to a fine not exceeding the statutory maximum.

• (3) In the application of this section to England and Wales—

• “forges” means makes a false document or other thing in order that it may be used as genuine.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

False statements to obtain licence etc.

66

A person who knowingly makes a false statement for the purpose of—

• (a) obtaining the grant of a licence under Part II . . . of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;

• (b) obtaining the issue of a certificate of initial fitness under section 6 of this Act;

• (c) obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

• (d) obtaining the issue of an operator’s disc under section 18 of this Act; ...

• (e) obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person; or

• (f) obtaining the issue of a control document in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018;

shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Penalty for breach of regulations

67

Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . ) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Defences available to persons charged with certain offences

68

• (1) It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.

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

• (a) sections 19(5), 20(4), 24(2) ..., 25(3), 26(2), . . . , 67 and 70(3); . . .

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

• (3) It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.

• (4) The provisions referred to in subsection (3) above are—

• (a) sections 6(2), . . ., 12(5), 16(7), 18(4), 26(2), and 27(2); . . .

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

Restriction on institution in England and Wales of proceedings under Part II or III

69

• (1) Subject to the provisions of this section proceedings for an offence under Part II . . . of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by a traffic commissioner, a chief officer of police, or the council of a county or district.

• (2) Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.

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

Duty to give information as to identity of driver in certain cases

70

• (1) Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . of this Act—

• (a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

• (b) any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.

• (2) A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Evidence by certificate

71

• (1) In any proceedings in England or Wales for an offence under Part II . . . of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—

• (a) that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or

• (b) that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or

• (c) that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.

• (2) Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

• (3) Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—

• (a) unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or

• (b) if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

• (4) In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.

Proof in summary proceedings of identity of driver of vehicle

72

Where on a summary trial in England or Wales of an information for an offence under Part II . . . of this Act—

• (a) it is proved to the satisfaction of the court, on oath or in a manner prescribed by Criminal Procedure Rules, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused in accordance with Criminal Procedure Rules; and

• (b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

Time within which summary proceedings for certain offences must be commenced

73

Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

Offences by companies

74

• (1) Where an offence under Part II . . . of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.

Destination of fines

75

There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).

Inquiries

General power to hold inquiries

76

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

General provisions as to inquiries

77

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

Supplementary provisions

Power of Secretary of State to modify or revoke restrictions in local Acts

78

Where the running of public service vehicles is restricted or prohibited by any provision contained in—

• (a) a local Act (including an Act confirming a provisional order) passed before the commencement of subsection (2) of section 43 of the Transport Act 1980; or

• (b) an instrument made before the commencement of that subsection under any such local Act,

the Secretary of State may, on the application of any person affected by the restriction or prohibition, by order made by statutory instrument modify or revoke the restriction or prohibition.

Vehicles excluded from regulation as private hire vehicles

79

At any time when a vehicle would apart from section 1(4)of this Act be a public service vehicle, it shall continue to be treated as such for the purposes only of provisions contained in a local Act, in sections 10 to 23 of the Civic Government (Scotland) Act 1982, in the Private Hire Vehicles (London) Act 1998 or in Part II of the Local Government (Miscellaneous Provisions) Act 1976, which regulate the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and exclude public service vehicles from the scope of that regulation.

Construction of references to traffic areas

80

• (1) References in this Act to a traffic area constituted for the purposes thereof by a particular designation are references to the area described by that designation in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990.

• (2) Subsection (1) above has effect subject to the powers of the Secretary of State under section 3 of this Act to vary the provisions of this Act constituting traffic areas; . . .

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

Interpretation of references to the operator of a vehicle or service

81

• (1) For the purposes of this Act—

• (a) regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator’s licence to another under a hiring arrangement; and

• (b) where regulations under paragraph (a) above do not apply, the operator of a vehicle is—

• (i) the driver, if he owns the vehicle; and

• (ii) in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).

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

General interpretation provisions

82

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

• “certificate of initial fitness” has the meaning given by section 6.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “company” means a body corporate;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• “director”, in relation to a company, includes any person who occupies the position of a director, by whatever name called;

• “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, and “drive” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “fares” include sums payable in respect of a contract ticket or a season ticket;

• “international operation” means a passenger transport operation starting or terminating in the United Kingdom and involving an international journey by the vehicle concerned, whether or not any driver leaves or enters the United Kingdom with that vehicle;

• “local authority” means—in relation to England and Wales, any local authority within the meaning of the Local Government Act 1972;in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “local service” has the same meaning as in the Transport Act 1985;

• “magistrates’ court” has the same meaning as in the Magistrates’ Courts Act 1980;

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

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

• “national operation” means a passenger transport operation wholly within the United Kingdom;

• “official PSV testing station” has the meaning given by section 8(3);

• “operating centre”, in relation to a vehicle, means the base or centre at which the vehicle is normally kept;

• “operator” has the meaning given by section 81;

• “owner”, in relation to a vehicle which is the subject of an agreement for hire, hire-purchase, conditional sale or loan, means the person in possession of the vehicle under that agreement, and references to owning a vehicle shall be construed accordingly;

• “prescribed” has the meaning given by section 60(2);

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

• “PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of this Act;

• “public service vehicle” has the meaning given by section 1;

• “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;

• “the 2009 Regulation (EU)” 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, as that Regulation has effect in EU law;

• “the 2011 Regulation” means Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004;

• ...

• “relevant conviction” means a conviction (other than a spent conviction) of any offence prescribed for the purposes of this Act, or an offence under the law of Northern Ireland, or of a country or territory outside the United Kingdom, corresponding to an offence so prescribed;

• “restricted licence” means such a PSV operator’s licence as is mentioned in section 13(3);

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

• “the Scottish traffic commissioner” is to be read in accordance with section 4(1)(b) (the traffic commissioner for the Scottish Traffic Area);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “standard licence” means a PSV operator’s licence which is not a restricted licence;

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

• “traffic commissioner” means a commissioner appointed under section 4;

• “tramcar” includes any carriage used on any road by virtue of an order made under the Light Railways Act 1896;

• “transport manager” has the same meaning as in the 2009 Regulation;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (2) Any reference in this Act to an EU instrument or to a particular provision of such an instrument—

• (a) is a reference to that instrument or provision as amended from time to time, and

• (b) if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

• (3) In this Act—

• (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

• (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

• (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

83

• (1) A provision of an Act other than this Act or of an instrument having effect under an enactment not repealed by this Act which (however expressed) defines “public service vehicle”, . . . by reference to the Road Traffic Act 1930 or the Road Traffic Act 1960 shall have effect as if it provided that that expression should be construed in like manner as if it were contained in this Act.

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

Protection of public interests

84

• (1) It is hereby declared that nothing in this Act is to be treated as conferring on the holder of a licence granted thereunder any right to the continuance of any benefits arising from, or from a licence granted under, this Act, or from any conditions attached to any such licence.

• (2) In the event of an undertaking by which a service of public service vehicles is provided being purchased compulsorily by a local or public authority, that part of the value of the undertaking attributable directly or indirectly to this Act shall not be taken into account.

Saving for law of nuisance

85

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.

Saving for ss. 16 and 17 of the Interpretation Act 1978

86

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

Power of Secretary of State to repeal section 10

87

The Secretary of State may by order made by statutory instrument repeal section 10 of this Act from such day as may be specified in the order, and any such order may include provision, to take effect on that day, for the repeal of sections 6(1)(b), 51(1)(b), 65(1)(c) and 66(c) of this Act.

Transitional provisions, consequential amendments and repeals

88

• (1) This Act shall have effect subject to the transitional provisions set out in Schedule 6 to this Act.

• (2) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

• (3) The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

89

• (1) This Act may be cited as the Public Passenger Vehicles Act 1981.

• (2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

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

• (4) This Act does not extend to Northern Ireland.

SCHEDULE 1

Part I — Sharing of Taxis and Hire-Cars

1

The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey.

2

• (1) The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force.

• (2) In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph “local authority” means—

• (a) in relation to England and Wales, the council of a county, metropolitan district or London borough and the Common Council of the City of London;

• (b) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

3

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

Part II

4

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

Part III — Alternative Conditions Affecting Status or Classification

5

Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of—

• (a) the holder of the PSV operator’s licence under which the vehicle is to be used, if such a licence is in force.

• (b) the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,

and otherwise than by any person who receives any remuneration in respect of the arrangements.

6

The journey must be made without previous advertisement to the public of the arrangements therefor.

7

All passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.

8

No differentiation of fares for the journey on the basis of distance or of time must be made.

Part IV — Supplementary

9

For the purposes of paragraphs 2 and 6 above no account shall be taken of any such advertisement as follows, that is to say—

• (a) a notice displayed or announcement made—

• (i) at or in any place of worship for the information of persons attending that place of worship;

• (ii) at or in any place of work for the information of persons who work there; or

• (iii) by any club or other voluntary association at or in any premises occupied or used by the club or association;

• (b) a notice contained in any periodical published for the information of, and circulating wholly or mainly among—

• (i) persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place; or

• (ii) persons who work at a particular place of work or at any of two or more particular places of work; or

• (iii) the members of a club or other voluntary association.

SCHEDULE 2

Terms of service of traffic commissioners

1

The Secretary of State may remove a traffic commissioner from his office on the grounds that the traffic commissioner—

• (a) has misbehaved; or

• (b) is unable, unfit or unwilling to perform the functions of traffic commissioner to a standard which the Secretary of State considers satisfactory.

2

If a traffic commissioner acquires a financial interest in a transport undertaking which carries passengers or goods by road within Great Britain he shall, within four weeks after so doing, give notice of that acquisition in writing to the Secretary of State specifying the interest so acquired and the Secretary of State, after taking the matter into consideration, may if he thinks fit declare that the traffic commissioner has vacated his office.

3

In the case of illness, incapacity or absence of a traffic commissioner, the Secretary of State may appoint some other person to act as his deputy.

Appointment and terms of office of deputies to chairman

4

If the Secretary of State considers that the duties to be performed by a traffic commissioner, or any deputy appointed under paragraph 3 above to the traffic commissioner, cannot conveniently or efficiently be performed by one person, the Secretary of State may appoint one or more persons to act as deputy to the traffic commissioner.

5

A person appointed under paragraph 4 above shall be appointed upon such terms and conditions, including conditions as to the time which he is to devote to the duties of his office, as the Secretary of State may determine, and shall act for the traffic commissioner whose deputy he is in such matters as the traffic commissioner, or any deputy appointed by reason of the traffic commissioner’s illness, incapacity or absence, may from time to time direct or as the Secretary of State may from time to time by general directions require, and for that purpose shall exercise and perform all the powers and duties of the traffic commissioner.

6

• (1) Where the office of traffic commissioner for any traffic area in Scotland becomes vacant the Secretary of State may, pending the appointment of a new traffic commissioner for that area under section 4 of this Act, appoint a person (whether or not over the age of sixty-five) under this paragraph to act as traffic commissioner for that area for a limited period.

• (2) Any person appointed under sub-paragraph (1) above shall—

• (a) hold office for such period as the Secretary of State specifies when making the appointment; and

• (b) during that period be treated for all purposes (except those of paragraph 9 below) as the traffic commissioner for the traffic area in question.

Traffic commissioners' staff

7

Subject to the approval of the Treasury, the Secretary of State may appoint such persons to act as officers and servants of a traffic commissioner as he considers appropriate.

Remuneration and pensions

8

• (1) There shall be paid to a traffic commissioner and deputy traffic commissioner, and to the persons acting as officers or servants of a traffic commissioner, such remuneration and allowances as may be determined by the Secretary of State with the consent of the Treasury.

• (2) There shall be paid to the senior traffic commissioner such additional remuneration in respect of the responsibilities of that office as may be so determined.

9

The principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972) which is for the time being in force shall apply to persons holding the office of traffic commissioner for England and Wales or for the Scottish Traffic Area.

10

The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the tune Wing in force shall apply to persons holding the office of chairman of the traffic commissioners for each of the traffic areas.

SCHEDULE 3

Good repute

1

• (1) In determining whether an individual is of good repute, a traffic commissioner shall have regard to all the relevant evidence and in particular to—

• (a) relevant convictions of his and of his employees and agents;

• (aa) relevant fixed penalty notices issued to him and to his employees and agents; and

• (b) such other information as the commissioner may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business.

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

• (a) relevant convictions of the company and its officers, employees and agents;

• (aa) relevant fixed penalty notices issued to the company's officers, employees and agents; and

• (b) such other information as the commissioner may have as to previous conduct of—

• (i) the company’s officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company; and

• (ii) each of the company’s directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business.

• (2A) In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act.

• (3) A traffic commissioner shall determine that an individual is not of good repute if he has—

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

• (b) been convicted of road transport offences.

• (4) For the purposes of sub-paragraph (3)(a) above a serious offence is—

• (a) an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4 on the standard scale, a community order requiring the offender to perform unpaid work for more than sixty hours or a community payback order requiring the offender to undertake unpaid work, or unpaid work and other activity, for more than sixty hours was imposed; and

• (b) any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.

• (5) For the purposes of sub-paragraph (3)(b) above a road transport offence is—

• (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.

• (6) In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental health, “a community order” means an 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 before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978 or a service community order or overseas community order under the Armed Forces Act 2006 and “a 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.

• (7) In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to an offence under section 42 of the Armed Forces Act 2006.

• (8) For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a traffic commissioner may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction.

• (9) Sub-paragraph (3) above is without prejudice to the power of a traffic commissioner to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned.

• (10) In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder, of, a PSV operator’s licence.

Appropriate financial standing

2

• (1) Being of appropriate financial standing in relation to an application for, or holder of, a restricted licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence.

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

Professional competence

3

References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent.

4

Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.

5

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

6

• (1) ... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—

• (a) he has demonstrated that he possesses the requiste 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 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.

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

7

• (1) In paragraph 6 above—

• (a) “approved body” means—

• (i) a body approved by the Secretary of State for the purposes of that paragraph; or

• (ii) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967; or

• (iii) a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU);

• (b) “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 the 2009 Regulation in the subjects there listed.

• (2) In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).

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

8

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

9

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

10

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

SCHEDULES 4, 5

Applications for designation orders

1

• (1) Not less than 21 days before making an application to the Secretary of State for a designation order in respect of any area the local authority concerned shall publish in one or more relevant newspapers a notice describing the area in question and stating their intention to apply for a designation order in respect of it and the date on which they propose to make the application.

• (2) For the purposes of any notice under this paragraph a " relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.

2

• (1) Before making such an application the local authority concerned shall also notify—

• (a) every local authority (if any) whose area adjoins the area specified in the application;

• (b) every district council whose area is wholly or partly comprised in, or adjoins, the area so specified;

• (c) any person who is already providing a stage carriage service in the area so specified ; and

• (d) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services in the area so specified.

• (2) In this paragraph " public passenger transport services" has the meaning given by section 1(2) of the Transport Act 1978.

3

Every application for a designation order shall be accompanied by the original or a copy of any representations in writing (by whoever made) which relate to the application and were received by the local authority concerned before the date on which the application is made; and before making a designation order the Secretary of State shall consider any such representations.

Variation or revocation of designation orders

4

Before making an application to the Secretary of State for an order under section 38(4) of this Act varying or revoking a designation order the local authority concerned—

• (a) shall notify—

• (i) every local authority (if any) whose area adjoins the trial area in question ;

• (ii) every district council whose area adjoins the trial area;

• (iii) any person who is for the time being providing a stage carriage service in the trial area; and

• (iv) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services (within the meaning of paragraph 2 above) in the trial area ; and

• (b) shall consult with every district council whose area is wholly or partly comprised in the trial area.

5

Paragraph 3 above shall apply in relation to an application for, and the making of, an order under section 38(4) of this Act as it applies in relation to an application for, and the making of, a designation order.

6

• (1) Subject to sub-paragraph (2) below, an order under section 38 of this Act which revokes or varies a designation order may contain such transitional provisions as the Secretary of State thinks fit.

• (2) An order under section 38(4) of this Act which revokes a designation order or varies it so as to exclude from the area designated by it any part of that area shall contain such transitional provisions as the Secretary of State thinks fit for securing that any person who has, throughout the relevant period ending with the date of the order, provided a stage carriage service which he will be unable to continue to provide after the time when the revocation or variation takes effect unless granted a road service licence in respect of it, can obtain as of right a road service licence that will enable him to continue to provide that service for as long as the licence remains in force after that time.

• (3) In sub-paragraph (2) above " the relevant period ", in relation to an order under section 38(4) of this Act, means such period of not less than three months as may be specified in the order.

SCHEDULE 5

General authorisations

1

There shall by virtue of this paragraph be attached to every general authorisation the following conditions—

• (a) a journey in pursuance of the authorisation must not be made in conjunction with, or in extension of, a service provided under a road service licence if the vehicle is owned by, or made available under any arrangement with, the holder of the licence or any person who receives any remuneration in respect of the service provided thereunder or in respect of arrangements for that service ;

• (b) any such journey must be made without previous advertisement to the public;

• (c) vehicles used in pursuance of the authorisation must not stand or ply for hire ;

• (d) any carriage of passengers by a vehicle in pursuance of the authorisation must be carriage for which arrangements were made before the journey began.

2

• (1) A general authorisation shall be granted by resolution of the local authority concerned.

• (2) Paragraph 13 below applies in relation to any such resolution.

3

• (1) The local authority concerned may by resolution vary a general authorisation in one or both of the following ways, where applicable, that is to say so as to—

• (a) increase the number specified in pursuance of section 48(3)(a)(ii) of this Act; or

• (b) in the case of an authorisation which does not apply to the whole of an experimental area, add one or more other parts of the experimental area to that or those previously specified in accordance with section 48(4) of this Act, or make the authorisation apply to the whole of the experimental area.

• (2) Paragraph 13 below applies in relation to any such resolution.

Special authorisations

4

In deciding whether to grant a special authorisation or whether to exercise their discretion to revoke such an authorisation the local authority concerned shall, in particular, have regard to the fitness for use in pursuance of the authorisation of any vehicle which is to be or is a specified vehicle, and to the suitability of the persons who will be or are using any such vehicle in pursuance of the authorisation.

5

• (1) The local authority granting a special authorisation may attach to it such conditions as they think fit with respect to all or any of the following matters—

• (a) the persons by whom the specified vehicle or vehicles may be used in pursuance of the authorisation;

• (b) the routes on which the specified vehicle or vehicles are to be used in pursuance of the authorisation;

• (c) the timetables to be observed with respect to specified journeys;

• (d) the advertisement of services provided by means of any specified vehicle;

• (e) the points at which passengers may be taken up or set down ;

• (f) the rates of payment to be charged to passengers ;

• (g) any other matter which appears to the authority to be appropriate having regard to local circumstances.

• (2) Paragraph 13 below applies in relation to the grant of a special authorisation.

6

• (1) The local authority concerned—

• (a) may by notice in writing given to the specified person vary the conditions attached to a special authorisation under paragraph 5 above, either on the initiative of the authority or on an application in that behalf made to them by the specified person; and

• (b) if so directed by the Secretary of State, shall so vary those conditions in accordance with the direction.

• (2) The power conferred by sub-paragraph (1)(a) above shall be exercised only with the approval of the Secretary of State given either for the particular exercise of it in question or generally for cases of a class or description into which that exercise of it falls.

• (3) If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to vary the conditions attached to a special authorisation under paragraph 5 above, the Secretary of State may himself by notice in writing given to the specified person vary those conditions.

7

A special authorisation shall not be transferable.

Duration of authorisations

8

Unless previously revoked, an authorisation shall cease to have effect when the order under section 47(2) of this Act by virtue of which it was granted ceases to have effect.

Revocation of authorisations

9

The local authority concerned may revoke an authorisation at any time, and shall do so if so directed by the Secretary of State.

10

• (1) Revocation of a general authorisation shall be effected by resolution of the local authority concerned.

• (2) Revocation of a special authorisation shall be effected by giving notice of its revocation to the specified person.

• (3) If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to revoke an authorisation, the Secretary of State may himself revoke the authorisation—

• (a) in the case of a general authorisation, by order ; or

• (b) in the case of a special authorisation, by giving notice of its revocation to the specified person.

• (4) Paragraph 13 below applies in relation to the revocation of a general authorisation or special authorisation.

Special authorisations requiring the consent of other local authorities

11

Every special authorisation granted with the consent of one or more local authorities other than the authority by whom it is granted shall include a statement to that effect specifying the consenting authorities; and a statement in any special authorisation under section 48 of this Act to the effect that it was so granted shall be evidence, and in Scotland sufficient evidence, of the matters stated.

General

12

Where an authorisation ceases to have effect or is varied under or by virtue of the preceding provisions of this Schedule, its previous operation shall not be affected thereby.

13

• (1) A local authority shall before—

• (a) passing any resolution in pursuance of paragraph 2, 3 or 10(1) above for the purpose of granting, varying or revoking a general authorisation ; or

• (b) granting or revoking a special authorisation. give the appropriate notice in one or more relevant newspapers; and where a local authority intend to revoke a special authorisation they shall also give the appropriate notice in writing to every district council, London borough council, parish council and, in Scotland or Wales, community council who may in the opinion of the local authority be affected by the revocation of the authorisation.

• (2) In sub-paragraph (1) above " the appropriate notice " means—

• (a) not less than 21 days' notice of intention to consider a resolution or grant a special authorisation; and

• (b) not less than 56 days notice of intention to revoke a special authorisation.

• (3) Before passing the resolution or granting or revoking the special authorisation in question the local authority shall take account of any representations received by them in relation to it.

• (4) The local authority may—

• (a) pass any resolution; or

• (b) grant any special authorisation,

in respect of which notice has been given under sub-paragraph (1) above either with or without modifications.

• (5) As soon as may be after—

• (a) a local authority have passed any such resolution as is mentioned in sub-paragraph (1)(a) above ; or

• (b) the Secretary of State has made an order under paragraph 10(3)(a) above for the purpose of revoking a general authorisation,

the local authority or the Secretary of State, as the case may be, shall give notice of its having been passed or made in one or more relevant newspapers; and the grant, variation or revocation, as the case may be, shall not take effect before notice of the resolution or order having been passed or made is so given.

• (6) A notice under sub-paragraph (5) above of any resolution granting an authorisation shall include particulars of the terms of the authorisation (including the conditions attached to it); and a local authority or the Secretary of State may include in any notice under this paragraph such other relevant information as they or he may think fit.

• (7) For the purposes of any notice under this paragraph a " relevant newspaper " is any local newspaper which the local authority or the Secretary of State, as the case may be, may consider appropriate.

14

For the purposes of paragraph 1(b) above no account shall be taken of any advertisement consisting of a notice or announcement such as is mentioned in paragraph 9 of Schedule 1 to this Act, and paragraph 5(1)(d) above shall not extend to advertisement by means of any such notice or announcement.

SCHEDULE 6

Periods of time

1

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Saving for transitional provisions and savings in orders under section 70(5) and (6) of Transport Act 1980

2

Where any provision of the Transport Act 1980 which is repealed by this Act was brought into force by an order which contains transitional provisions and savings in connection with that provision, an order under section 89(2) of this Act may contain corresponding provisions and savings in connection with any provision of this Act corresponding to the repealed provision.

Certificates of initial fitness

3

A certificate of fitness issued in respect of a vehicle under section 129 of the Road Traffic Act 1960 which was in force immediately before the date on which section 17 of the Transport Act 1980 came into force and had effect on and after that date as if it were a certificate of initial fitness shall, notwithstanding the repeal by this Act of subsection (2) of the said section 17, continue to have effect as if it were a certificate of initial fitness issued in respect of the vehicle on that date.

4

For the purposes of subsection (1) of section 6 of this Act, the requirement of paragraph (b) of that subsection shall be treated as complied with if a certificate under section 130 of the Road Traffic Act 1960 was in force in respect of the vehicle concerned immediately before section 17 of the Transport Act 1980 came into force or has since that date been issued in respect of the vehicle.

SCHEDULE 7

Local Government (Miscellaneous Provisions) Act 1953 (c.26)

1

In section 4(4) of the Local Government (Miscellaneous Provisions) Act 1953 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shalll be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”.

Local Government (Omnibus Shelters and Queue Barriers) . (Scotland) Act 1958 (c.50)

2

In section 7(1) of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”.

Finance Act 1965 (c.25)

3

In section 92 of the Finance Act 1965, in the definition of “operator” in subsection (8), for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.

Road Traffic Regulation Act 1967 (c.76)

4–8

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

5

In section 9(8) of that Act for the words "section 28 of the Transport Act 1980" there shall be substituted the words " section 50 of the Public Passenger Vehicles Act 1981. "

6

In sections 15(4) and 33(5) of that Act for the words " Part III of the Road Traffic Act 1960 " there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".

7

In section 104(1) of that Act for the words "Part I of the Transport Act 1980" there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".

8

In Schedule 5 to that Act, in paragraph 26 in the definition of "PSV operator's licence", for the words "Part I of the Transport Act 1980" there shall be substituted the words " Part II of the Public Passenger Vehicles Act 1981 ".

Transport Act 1968 (c.73)

9

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

10

In section 159(1) of that Act—

• (a) in the definition of “bus service” for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ” and for the words “section 3(3)(a) of the Transport Act 1980” there shall be substituted the words “ section 2(3)(a) of the Public Passenger Vehicles Act 1981 ”; and

• (b) in the definition of “express carriage” and “stage carriage” and in the definition of “public service vehicle” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ”.

Transport (London) Act 1969 (c.35)

11

In section 23 of the Transport (London) Act 1969—

• (a) in subsection (2) for the words “Part III of the Act of 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981. ”;

• (b) in subsection (7) in the definition of “road service licence” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ” and for the definition of “service of express carriages” there shall be substituted—

“service express carriages” means an express carriage service within the meaning of the Public Passenger Vehicles Act 1981 or a stage carriage service within the meaning of that Act as to which the condition in section 2(3)(a) of that Act (long journeys only) is satisfied.

Road Traffic Act 1972 (c.20)

12–15

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

13

In section 37(5) of that Act after the words " 1967" there shall be inserted the words " or the Public Passenger Vehicles Act 1981) ".

14

In sections 44(4), 53(2), 56(1), 58(2), 82, 113(1), 124, 160(4), 163, 173(2) and 188(4)(a) of that Act for the words "Part III of the Road Traffic Act 1960 " there shall be substituted the words " the Public Passenger Vehicles Act 1981 ".

15

In section 50(6) of that Act for the words " section 128(2) of the Road Traffic Act 1960 " there shall be substituted the words " section 7(2) of the Public Passenger Vehicles Act 1981. "

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

16

In section 4(2)(b) of the Road Traffic (Foreign Vehicles) Act 1972 for the words from “section 19(1)” to “section 160(1)(k) of that Act” there shall be substituted the words “ section 12(1) of the Public Passenger Vehicles Act 1981 as modified by regulations for the time being in force under section 60(1)(m) of that Act ”.

17

In section 7(1) of that Act—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in the definition of “public service vehicle” for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.

18

In Schedule 1 to that Act for the words “Section 16(1) of the Transport Act 1980” there shall be substituted the words “ Section 8(1) of the Public Passneger Vehicles Act 1981 ”.

Local Government (Miscellaneous Provisions) Act 1976 (c.57)

19

In section 63(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.

20

In section 80(1) of that Act, in the definition of “public service vehicle”, for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”.

Energy Act 1976 (c.76)

21

In paragraph 1 of Schedule 1 to the Energy Act 1976—

• (a) in sub-paragraph (1)(c) for the words “Part I of the Transport Act 1980” there shall be substituted the words “ Part II or III of the Public Passenger Vehicles Act 1981 ”;

• (b) in sub-paragraph (1)(d) for the words “section 14” there shall be substituted the words “ section 40 ”; and

• (c) in sub-paragraph (2) for the words “section 160 of the Road Traffic Act 1960” there shall be substituted the words “ section 60 of the Public Passenger Vehicles Act 1981 ”.

22

In paragraph 2 of Schedule 1 to that Act for the words “section 144 of the Road Traffic Act 1960” there shall be substituted the words “ section 22 of the Public Passenger Vehicles Act 1981 ”.

Transport Act 1978 (c.55)

23

In section 1(2)(a) of the Transport Act 1978 for the words “the Minibus Act 1977” there shall be substituted the words “ section 42 of the Public Passenger Vehicles Act 1981 ”.

Transport Act 1980 (c.34)

24

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

SCHEDULE 8

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

Certificate of initial fitness (or equivalent) required for use as public service vehicles.

9A

• (1) Section 8 of this Act shall apply, . . ., to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.

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

14A

• (1) Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in sections 14ZA to 14ZC of this Act are not satisfied in relation to the application.

• (2) An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.

• (2A) Where a traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.

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

• (4) In this section “local authority” means—

• (a) in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and

• (b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (5) This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).

16A

• (1) On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

• (a) a condition requiring the licence-holder to inform a traffic commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 14ZA(2) of this Act, and to do so within 28 days of the event; and

• (b) a condition requiring the licence-holder to inform a traffic commissioner of any event which could affect the fulfilment by a ... transport manager of the requirements mentioned in section 14ZA(3)(a) and (b) of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.

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

• (3) Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

17A

• (1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act or under the 2009 Regulation, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.

• (2) A traffic commissioner shall pay to any such assessor, in respect of his services, such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

23A

• (1) A licensing authority may, notwithstanding any driving test condition imposed by regulations, grant a licence to an applicant to drive a public service vehicle of any type if the authority is satisfied that the applicant has, within the period of five years ending on the date of the coming into force of the licence, held a licence granted under the law of Northern Ireland to drive a public service vehicle of that type.

• (2) In this section—

• “driving test condition”, in relation to an applicant for a licence to drive a public service vehicle of any type, means a condition as to the provision of facilities for, or the passing of, a practical test of his ability to drive a public service vehicle of that type;

• “licencing authority” shall be construed in accordance with section 22(2) of this Act.

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

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

49A