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The Traffic Areas (Reorganisation) (Wales) Order 1999

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

PART IIExisting PSV Operators' Licences

Cases where only one existing licence held by a person has effect in the Welsh Traffic Area

4.  (1)  Subject to paragraph 6 of this Schedule, this paragraph applies where, immediately before the reorganisation date either–

(a)the places specified as operating centres in a PSV operator’s licence are all situated in the South-Wales Traffic Area and no place in the transferred part of the North-Western Traffic Area is specified as an operating centre immediately before that date in any other PSV operator’s licence held by the same person; or

(b)the places specified as operating centres in a PSV operator’s licence are all situated in the transferred part of the North-Western Traffic Area, and no place in the South-Wales Traffic Area is specified as an operating centre immediately before that date in any other PSV operator’s licence held by the same person.

(2) In such a case, the PSV operator’s licence shall, so far as is required for continuing its effect on and after the reorganisation date, have effect as if it had been granted by the traffic commissioner for the Welsh Traffic Area.

Cases where more than one existing licence held by a person has effect in the Welsh Traffic Area

5.  (1)  Subject to paragraph 6 of this Schedule, this paragraph applies where, immediately before the reorganisation date–

(a)the places specified as operating centres in a PSV operator’s licence are situated in the South-Wales Traffic Area; and

(b)the person who holds that licence holds a North-Western Traffic Area PSV operator’s licence in which the places specified as operating centres are all situated in the transferred part of the North-Western Traffic Area,

and in such a case the licences held by that person in which the places specified as operating centres are situated in the Welsh Traffic Area shall be collectively referred to in this paragraph as “the relevant licence”.

(2) In such a case, on and after the reorganisation date–

(a)each separate licence which forms part of the relevant licence shall be treated as subsisting independently until its amalgamation in accordance with sub-paragraph (3) below or its termination in accordance with section 15 of the 1981 Act, whichever is the earlier, although for the purposes of section 12(3) of the 1981 Act the licences which constitute the relevant licence shall be deemed to be one licence; and

(b)so far as is required for continuing its effect on and after the reorganisation date, each separate licence referred to in paragraph (a) above shall have effect as if either of them had been granted by the traffic commissioner for the Welsh Traffic Area.

(3) Unless the holder and the traffic commissioner for the Welsh Traffic Area have agreed an earlier amalgamation date, a separate licence (“the amalgamating licence”) referred to in sub-paragraph (2)(a) above shall lose its independent subsistence by its amalgamation with the other separate licence (“the continuing licence”) on the date when the fee payable for the first of those licences to remain in force becomes due but in any event within five years of the re-organisation date.

(4) If separate licences referred to in sub-paragraph (2)(a) above are not similarly classified under section 13(1) of the 1981 Act the traffic commissioner for the Welsh Traffic Area shall before the amalgamation takes place consider whether the requirements for a standard licence are met, and if he is satisfied that these are met he shall, unless he has good reason for limiting that licence, determine that the amalgamated licence shall be a standard licence; and for the purpose of making the determination under this sub-paragraph the traffic commissioner may require the licence-holder to provide an undertaking in respect of any vehicles authorised to be used under the licence and that undertaking shall be recorded in the licence.

(5) If separate licences referred to in sub-paragraph (2)(a) above are not similarly classified under section 13(2) of the 1981 Act the traffic commissioner for the Welsh Traffic Area shall before the amalgamation takes place consider whether the requirements for an international licence are met, and if he is satisfied that these are met he shall, unless he has good reason for limiting that licence, determine that the amalgamated licence shall be an international licence; and for the purpose of making the determination under this sub-paragraph the traffic commissioner may require the licence-holder to provide an undertaking in respect of any vehicles authorised to be used under the licence and that undertaking shall be recorded in the licence.

(6) The traffic commissioner for the Welsh Traffic Area–

(a)shall attach a condition regarding the maximum number of vehicles to be specified in the amalgamated PSV operator’s licence, and for this purpose–

(i)in the case of a restricted licence the number shall not, except in the case prescribed under regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995(1) exceed two, and

(ii)the condition may specify different maximum numbers for different descriptions of vehicle; and

(b)may transfer to the amalgamated licence conditions for restricting or using the vehicles which are already attached to the separate licences continuing to have effect by virtue of sub-paragraph (2)(a) provided he is satisfied those conditions are appropriate to the new circumstances; and

(c)may take into account any undertakings, including those given earlier, by the licence-holder provided he is satisfied the undertakings are appropriate to the new circumstances.

(7) The amalgamation by the traffic commissioner of separate licences which have continued by virtue of sub-paragraph (2)(a) shall not for the purposes of section 14A of the 1981 Act be construed as though he was granting a PSV operator’s licence under the 1981 Act.

(8) Where one of the separate licences referred to in sub-paragraph (2)(a) above is due to terminate (“the terminating licence”), as a consequence of amalgamation or other circumstances, the traffic commissioner for the Welsh Traffic Area may vary the condition regarding the maximum number of vehicles which the holder may at any time use attached to another of those licences (“the continuing licence”) so that any vehicle previously used under the terminating licence can be used under the continuing licence, and the direction to vary under this sub-paragraph shall make provision for the payment of fees due under the continuing licence, which fee shall include a charge for each additional motor vehicle based on the period from the date of variation to the fee-due date of the continuing licence.

(9) Where–

(a)by virtue of the foregoing sub-paragraphs, a person is treated as holding more than one PSV operator’s licence in respect of the Welsh Traffic Area; and

(b)on the date on which one of those licences (“the terminating licence”) is due to terminate proceedings are pending on an application by the person for a variation of another of those licences (“the continuing licence”); and

(c)the application is such that if it were granted the person would be able to do under the continuing licence everything which he had been able to do under the terminating licence,

the terminating licence shall continue in force until–

(i)the application; and

(ii)any appeal under section 50 of the 1981 Act,

are disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of the 1981 Act.

(10) Nothing in this paragraph shall be construed as enabling a person to be granted an operator’s licence in respect of a traffic area if he already holds or is treated as already holding such a licence in respect of that area.

Cases where an existing licence held by a person has effect in the Welsh Traffic Area and the North-Western Traffic Area

6.  (1)  This paragraph has effect where the operating centres of the vehicles used under a PSV operator’s licence before the reorganisation date, on and after that date are situated in both the Welsh Traffic Area and in the North-Western Traffic Area, whether or not before the reorganisation date the licence-holder also had a licence issued by the traffic commissioner for the South-Wales Traffic Area.

(2) In such a case, the traffic commissioner for the North-Western Traffic Area shall before reorganisation date and after consulting the holder of the licence, give a direction–

(a)which splits the existing licence so that there is a new licence for the Welsh Traffic Area and a varied licence for the North-Western Traffic Area (each such licence being referred to in this paragraph as a “new licence”); and

(b)assigns the maximum number of vehicles authorised under the existing licence to a particular new licence.

(3) A traffic commissioner for the North-Western Traffic Area may, after consulting the holder of the existing licence and at any time before the reorganisation date, give a direction varying any direction given by him under sub-paragraph (2) above.

(4) Where a direction has been given under sub-paragraph (2) or (3) above, paragraph 4 and paragraph 5 of this Schedule shall, as the case may be, have effect in respect of a new licence to which there has been an assignment under the direction, as if immediately before the reorganisation date–

(a)the vehicles authorised on the licence on that date were those assigned to that new licence under this paragraph; and

(b)the maximum number of motor vehicles authorised on the licence on that date were the number of motor vehicles assigned to that new licence under this paragraph,

and in so far as the licence has effect by virtue of paragraphs 4 or 5 of this Schedule, as the case may be, and of the foregoing provisions of this sub-paragraph, it shall have effect for each new licence as if, immediately before the reorganisation date, the new licence had been varied as set out in paragraphs (a) and (b) of this sub-paragraph.

(5) If the traffic commissioner for the North-Western Traffic Area as respects a licence, fails to give a direction under sub-paragraph (2) before the reorganisation date, the functions under that sub-paragraph as respect that licence shall be exercisable on or after that date by the traffic commissioner for the North-Western Traffic Area in consultation with the traffic commissioner for the Welsh Traffic Area.

(1)

S.I. 1995/2908.

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