The Ministry may subject to and in accordance with the provisions of this Part and Part IV grant road freight operators' licences (in this Act referred to as “operators' licences” ) to persons carrying or proposing to carry goods by road for reward …F2 (in this Act referred to as “road freight operators” ).
F2SR 1977/327
[F3
(1)] A person applying to the Ministry for an operator's licence shall give such information as may reasonably be required to enable the Ministry to exercise the functions conferred on it by [F4 sections 28 and 28A], and in particular shall give information as to—
(a)the principal place of business, or proposed principal place of business, of the applicant, and the place or places from which he proposes to act as a road freight operator;
(b)the district within which, or the places between which, the applicant proposes to act, as a road freight operator;
(c)the goods which the applicant will normally carry for reward while he is acting as a road freight operator;
(d)any previous experience of the applicant as a person providing any facilities wheresoever for the carriage of goods for reward;
(e)any financial interest (whether past, subsisting or proposed, and whether as a partner or shareholder or as a result of a loan, guarantee or other financial transaction) of the applicant in the provision of any facilities wheresoever for the carriage of goods for reward, or any such interest of any other person in any business carried on by the applicant in providing such facilities;
F5[(f)particulars of any convictions during the five years preceding the making of the application, and at any time thereafter until the disposal of the application, of the applicant and of any person specified in the application in pursuance of section 28A(2) or (3);
(g)particulars of the financial resources which are, or are likely to be, available to the applicant;
(h)particulars of the professional competence qualifications of the applicant and of any person specified in the application in pursuance of section 28A(2) or (3);
(i)a statement indicating whether or not the applicant intends to use goods vehicles operated under the licence to carry goods by road for reward elsewhere than in the United Kingdom.]
F5[(2)Subsection (1)( f) and ( g) shall not apply in relation to an application for an operator's licence by a person who satisfies the Department that he is an exempt person.]
(1)The Department when granting an operator's licence—
(a)[F7may attach conditions to the licence and in particular] a condition prohibiting the holder from using goods vehicles operated under the licence for carrying goods by road for reward elsewhere than in the United Kingdom; and
(b)shall attach to the licence conditions for requiring the holder of the licence to inform the Department, in writing within 28 days, if during the currency of the licence—
(i)the holder of the licence or the person, if any, specified in the licence in pursuance of section 28A(5) is convicted of any offence;
(ii)the holder of the licence becomes bankrupt or goes into liquidationF8 or an order of seizure is made against his property or a receiver or manager is appointed in relation to his trade or business; or
(iii)the person, if any, specified in the licence in pursuance of section 28A(5) ceases for whatever reason to be [F9 continuously and effectively responsible] for the operation of the goods vehicles used under the licence.
(2)Where an operator's licence is granted by the Department to a person who satisfies the Department that he is an exempt person, paragraph ( b) of subsection (1) shall not require the Department to attach to the licence the conditions specified in sub-paragraphs (i) and (ii) of that paragraph.
(3)On the application of the holder of an operator's licence to which is attached the condition referred to in subsection (1)( a) and on his production of such particulars as to his professional competence or that of the person, if any, specified in the licence in pursuance of section 28A(5) as the Department may require, the Department may remove that condition from the licence.
(4)Where the holder of an operator's licence, or any person acting with his knowledge or consent, fails to comply with a condition of that licence, the holder of the licence shall be guilty of an offence and be liable on summary conviction to a fine not exceeding[F10 level 3 on the standard scale].]
(1)Subject to section 29, an operator's licence shall remain in force for three years or such [F11 other period as may be specified therein].
F12[(1A)If on the date of the expiration of an operator's licence an application is before the Department for the grant of a new operator's licence in substitution for an existing operator's licence held by the applicant, the existing operator's licence shall continue in force until the application is disposed of.
(1B)If on the date of the expiration of an operator's licence the licence is, by virtue of regulations made under section 33, held by a person other than the person to whom the licence was granted, the licence shall continue in force until the application by that other person for a new operator's licence is disposed of in accordance with those regulations.]
(2)There shall be paid to the Ministry in respect of the grant of an operator's licence, for each complete year during which the licence is to remain in force, a fee of[F13 £3] or such amount as may be prescribed with the approval of the Ministry of Finance by regulations made by the Ministry subject to affirmative resolution.