PART VRegulation of Carriage of Goods by Road
Operators' licences
61Authorised vehicles
1
Subject to subsection (2) of this section, the vehicles authorised to be used under an operator's licence shall be—
a
such motor vehicles, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, as are specified in the licence;
b
trailers from time to time belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, not exceeding at any time such maximum number as is specified in the licence;
c
unless the licence does not permit the addition of authorised vehicles under this paragraph and subject to subsection (3) of this section, motor vehicles not exceeding such maximum number as is specified in the licence, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, but acquired by him, or coming into his possession under such an agreement, only after the grant of the licence.
For the purposes of paragraphs (b) and (c) of this subsection different types of trailers or different types of motor vehicles, as the case may be, may be distinguished in a licence and a maximum number may be specified in the licence for trailers or vehicles of each type.
2
An operator's licence shall not authorise the use of any vehicle unless the place which is for the time being its operating centre—
a
is in the area of the licensing authority by whom the licence was granted ; or
b
is outside that area and has not been the operating centre of that vehicle for a period of more than three months.
For the purposes of paragraph (b) of this subsection, two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.
3
A motor vehicle which, after the grant of an operator's licence, is acquired by the holder of the licence, or comes into his possession under an agreement for hire-purchase, hire or loan, and thereupon becomes an authorised vehicle by virtue of subsection (1)(c) of this section, shall cease to be an authorised vehicle on the expiration of one month from the date on which it was acquired by him or came into his possession unless before the expiration of that period he delivers to the licensing authority a notice in such form as the authority may require to the effect that the vehicle has been acquired by him, or has come into his possession, as the case may be.
4
Where the licensing authority by whom a licence was granted receives a notice under subsection (3) of this section to file effect that the holder of the licence has acquired, or come into possession of, a vehicle as mentioned in that subsection, he shall, if the vehicle has become an authorised vehicle by virtue of subsection (1)(c) of this section, vary the licence by directing that the vehicle be specified therein.
5
A motor vehicle specified in an operator's licence shall not, while it remains so specified, be capable of being effectively specified in any other operator's licence.
6
Where it comes to the knowledge of the licensing authority by whom an operator's licence was granted that a vehicle specified therein—
a
has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance); or
b
is specified in another operator's licence,
he may vary the licence by directing that the vehicle be removed therefrom.