Transport Act 1968

92 Interpretation of Part V. E+W+S

(1)In this Part of this Act. . . F1, unless the context otherwise requires—

  • “articulated combination” means a combination made up of—

(a)a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and

(b)a trailer attached to it as aforesaid:

  • “authorised vehicle” means, in relation to an operator’s licence, a vehicle authorised to be used thereunder, whether or not it is for the time being in use for a purpose for which an operator’s licence is required and whether it is specified therein as so authorised or, being of a type so authorised subject to a maximum number, belongs to the holder of the licence or is in his possession under an agreement for hire-purchase, hire or loan;

  • “carriage of goods” includes haulage of goods;

  • “carrier’s licence” means a licence granted under Part IV of the Act of 1960;

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

  • “driver” means, in relation to a trailer, the driver of the vehicles by which the trailer is drawn and “drive” shall be construed accordingly;

  • “goods” includes goods or burden of any description;

  • “goods vehicle” means, subject to subsection (5) of this section, a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

  • “large goods vehicle” shall be construed in accordance with section 71 of this Act;

  • [F2“operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence];

  • [F3“owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent, would be so entitled it it were so let];

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made by the Minister under this Part of this Act;

“subsidiary” means a subsidiary as defined by [F4section 736 of the Companies Act 1985];

  • “vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling;

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

(2)For the purposes of this Part of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

(3)In this Part of this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—

(a)that any one or more of the vehicles specified in the licence be removed therefrom;

(b)that the maximum number of trailers or of motor vehicles specified in the licence in pursuance of section 61(1)(b) or (c) of this Act be reduced;

(c)that the addition of authorised vehicles under the said section 61(1)(c) be no longer permitted.

[F5(d)that any one or more of the places specified in the licence as operating centres be removed therefrom].

(4)In this Part of this Act, references to the bankruptcy of a person shall, as respects Scotland, be construed as references to an award of sequestration having been made of his estate.

(5)In this Part of this Act. . . F1 references to goods vehicles do not include references to tramcars or trolley vehicles operated under statutory powers within the meaning of [F6Schedule 4 to the Road Traffic Act 1988].

(6)Anything required or authorised by this Part of this Act to be done to or by a licensing authority by whom a licence. . . F7 was granted may be done to or by any person for the time being acting as licensing authority for the area for which the first-mentioned authority was acting at the time of the granting of the licence. . . F7.

Textual Amendments

Modifications etc. (not altering text)