Transport Act 1968

64 Decision on applications for operators’ licences. E+W+S

(1) [F1 Subject to section 69E of this Act]On an application for an operator’s licence, the licensing authority shall in every case consider whether the requirements mentioned in paragraphs (a) to (d) of subsection (2) of this section, and, if the licensing authority in any case thinks fit, paragraph (e) of that subsection, are satisfied, and in doing so shall have regard to any objection duly made under section 63 of this Act.

(2) The said requirements are as follows—

(a) that the applicant is a fit person to hold an operator’s licence, having regard to the matters of which particulars may be required to be given under section 62(4)(d) and (e) of this Act [F2 and to any conviction required to be notified in accordance with section 62(4A) thereof];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(c) that there will be satisfactory arrangements for securing that Part VI of this Act (or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960) will be complied with in the case of the authorised vehicles, and for securing that those vehicles are not overloaded;

(d) that there will be satisfactory facilities and arrangements for maintaining the authorised vehicles in a fit and serviceable condition [F4 and that the place which is to be the operating centre for those vehicles is suitable for that purpose];

(e) that the provision of such facilities and arrangements as are mentioned in paragraph (d) of this subsection [F5 and of a suitable operating centre] will not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.

(3) If the licensing authority determines that any requirement which he has taken into consideration in accordance with subsection (1) of this section is not satisfied, he shall refuse the application but, in any other case, he shall, subject to subsection (4) of this section [F6 and section 69B of this Act], grant the application.

(4) In any case in which the licensing authority grants an application for an operator’s licence, the licensing authority may issue that licence in the terms applied for or, if the authority thinks fit, subject to either or both of the following modifications or limitations, that is to say—

(a) so that the licence is in respect of motor vehicles other than those of which particulars were contained in the application, or in respect of motor vehicles or trailers greater or less in number than, or differing in type from, those for the use of which authorisation was applied for;

(b) so that the licence does not permit the addition of authorised vehicles under section 61(1)(c) of this Act.

(5) In exercising his functions under this section in relation to the requirement mentioned in subsection (2)(e) thereof, a licensing authority may be assisted by an assessor drawn from a panel of persons appointed by the Minister for that purpose; and there shall be paid by the licensing authority to any such assessor in respect of his services remuneration on a scale prescribed by the Minister with the approval of the Treasury.

Textual Amendments

F1 Words inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 2(a)

F2 Words added by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 2(a)

F3 S. 64(2)(b) repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F4 Words added by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 2(b)

F5 Words inserted by Road Traffic Act 1974 (c. 50, SIF 107:1), Sch. 4 para. 2(c)

F6 Words inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 2(b)

Modifications etc. (not altering text)

C4 S. 64(2) modified by S.I. 1984/176, reg. 36(1)

C5 S. 64(2)(c) extended by Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3, SIF 107:1), s. 2(2)

C6 S. 64(2)(c)–(e) extended by S.I. 1984/176, reg. 10(8)

C7 S. 64(3) extended by S.I. 1984/176, reg. 5(1)