PART V Miscellaneous and Supplementary

Appeals to the Secretary of State

50F1 Appeals to the F121Upper Tribunal

1

An applicant for the grant of a PSV operator’s licence under this Act may appeal to the F122Upper Tribunal against any decision of F136a traffic commissioner—

a

to refuse to grant the licence in accordance with the application; or

b

to attach any condition to the licence otherwise than in accordance with the application.

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the F123Upper Tribunal .

4

The holder of a PSV operator’s licence may appeal to the F123Upper Tribunal against any decision of F137a traffic commissioner—

a

to refuse his application for the variation or removal of any condition attached to the licence; F3or any undertaking recorded in it

b

to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or

c

to revoke or suspend the licence F4... .

F54A

A person who—

a

within the prescribed period has made an application for a review under section 49A of this Act; and

b

has been certified by F138a traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,

may appeal to the F123Upper Tribunal against the refusal of the application.

C15

Where—

a

the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or

b

any person in respect of whom any such order or direction has been made or given;

is aggrieved by the order or direction he may appeal to the F123Upper Tribunal.

F65A

A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State

6

F140A traffic commissioner—

a

making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;

b

making any such order or giving any such direction as is mentioned in subsection (5) above;

may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the F123Upper Tribunal and, if an appeal is made, until it is disposed of.

F76A

A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.

6B

On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

7

Where a traffic commissioner has given a direction under subsection (6) above he F141or another traffic commissioner may withdraw it at any time.

8

If F139a traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction F124to the Upper TribunalF125... .

9

This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).

F851 Appeals to the Secretary of State.

1

A person applying for—

a

a certificate of initial fitness under section 6 of this Act; or

b

a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

may appeal to the Secretary of State against the refusal of F9an examiner to issue such a certificate.

F102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

4

On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to F11the examiner for giving effect to his decision; and it shall be the duty of F11the examiner to comply with any such directions.

C3952 Fees for grant of licences etc.

C21

Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged—

a

by F142a traffic commissioner in respect of—

i

applications for, and the grant of, PSV operators’ licences . . . F13;

F14ia

applications under section 16(6) of this Act and the grant of such applications;

ib

the continuation in force of PSV operators’ licences;

F15ii

applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to F143a traffic commissioner and the issue of certificates on such applications;

iii

the issue of operators’ discs under section 18 of this Act;

iv

applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and

v

applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;

F16b

by the traffic F12commissioner for each traffic area . . . F17in respect of—

i

applications for, and the issue of, licences to drive public service vehicles; and

ii

the provision by the traffic F12commissioner . . . F17 of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.

C32

F18A traffic commissioner . . . F19 may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—

a

any such application as is mentioned in subsection (1) above;

F20b

the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;

bb

the issue of any certificate, disc or other document referred to in subsection (1) above; or

F21c

the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,

until the fee or instalment in question has been paid.

F222A

If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—

a

the application shall be treated as withdrawn at that time;

b

any decision made on the application ceases to have effect at that time; and

c

any licence granted in pursuance of such a decision terminates at that time.

2B

If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—

a

the application shall be treated as withdrawn at that time;

b

any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.

2C

If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—

a

the continuation in force of the licence; or

b

the issue of operators’ discs under section 18(2C) of this Act,

is not duly paid by the prescribed time, the licence terminates at that time.

2D

If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.

2E

F144A traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

2F

Where F145a traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—

a

report any matter to the Secretary of State; or

b

give him notice of any alteration,

during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.

3

Any fees received by F23a traffic commissioner by virtue of this section . . . F24 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

53 Payment of expenses.

1

There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . F26 traffic commissioners, F27. . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, F28or II . . . F29 of this Act, including any expenses incurred in connection with the employment of police officers as F27. . . vehicle examiners.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Provisions relating to traffic commissioners etc.

C38F3154 Inquiries held by traffic commissioners.

1

A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.

2

Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons F146a single inquiry may be held in response to those requests.

3

Subject to any provision made by regulations, any inquiry held under this section shall be public.

4

Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.

5

Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.

6

Regulations may make provision, in relation to orders under subsection (5) above, as to—

a

the method of calculating the amount of any costs incurred as mentioned in that subsection; and

b

the maximum amount which may be ordered to be paid under such an order.

7

Any amount so ordered to be paid by any person may be recoverable from him—

a

in England and Wales, as a debt due to the Crown; or

b

in Scotland, by the Secretary of State.

C48

Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except—

a

with the consent of the person for the time being carrying it on;

b

for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below F128or under the 2009 RegulationF155or the 2011 Regulation; or

c

with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment F129or the 2009 RegulationF156or the 2011 Regulation (including proceedings before the F126Upper Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9

The enactments referred to in subsection (8)(b) and (c) above are—

a

sections 12 to 21 of this Act; F157...

b

sections 24 to 28 of the Transport Act 1985

F158c

the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.

10

The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

55 Annual report of traffic commissioners and metropolitan police commissioner.

F147Each traffic commissioner shall make an annual report to the Secretary of State on F32his proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . F33.

56 Records of licences. C5

1

F148Each traffic commissionerF34... shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by F35... him under this Act F36and shall allow the record to be inspected at all reasonable times by members of the public.

F372

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.

56AF149Correction of errors

1

This section applies in any case where it appears to a traffic commissioner that there is a clerical error in a document purporting to record, or which is issued in consequence of, a decision taken by any traffic commissioner in the exercise of his functions.

2

In any such case, the traffic commissioner may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.

Supplementary provisions as to licences etc.

57 Death, bankruptcy etc. of licence holder. C6

1

A PSV operator’s licence F38... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

C72

A PSV operator’s licence F38... held by an individual terminates if he—

a

dies, or

b

is F160made bankrupt or F135has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or

c

F120becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.

3

In relation to a PSV operator’s licence F38... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

4

F150A traffic commissioner may—

a

direct that the termination of F151a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the F39commissioner that there are special circumstances, eighteen months, and

b

authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the F39commissioner may impose.

F1305

In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).

58 Partnerships and related matters.

C81

Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.

C92

A PSV operator’s licence . . . F40 shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.

Regulations

59 Power to make regulations as to procedure on applications for licences. C10

Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—

a

applications for the grant of PSV operator’s licences, . . . F41F42or licences to drive public service vehicles,

b

applications or proposals for the variation of conditions attached to PSV operators’ licences . . . F43,

c

the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and

d

the surrender of licences,

and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.

C12C35C3760 General power to make regulations for purposes of Act. C11

1

The Secretary of State may make regulations . . . F44 for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—

a

the forms to be used for the purpose of this Act;

b

applications for and issue of licences and of certificates of initial fitness;

c

the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

F46e

the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;

f

the documents, plates and marks to be carried by F47, and the information to be displayed in or on public service vehicles and the manner in which they are to be carried F48or it is to be displayed;

g

the badges to be worn by drivers of public service vehicles;

h

the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to F49traffic commissioners . . . F50, of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;

C13j

the carriage of luggage and goods on public service vehicles[F51or tramcars];

C14C15C16k

the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle[F52or tramcar] and fixing the charges made in respect thereof;

l

the equipment to be carried by public service vehicles;

m

for providing that this Act or, any provision thereof, shall have effect in relation to—

i

public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and

ii

public service vehicles registered outside Great Britain,

with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

F541A

Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

a

make different provision as respects different areas; and

b

make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

F551B

Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.

2

In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made F56by the Secretary of State.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

C36C3761 Exercise of regulation making powers and parliamentary control thereof. C17

1

Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

Before making any regulations under . . . F58 this Act the Secretary of State shall consult with such representative organisations as he thinks fit.

Provisions relating to Metropolitan Traffic Area

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

64 Exclusion of certain enactments as respects Metropolitan Traffic Area.

1

As respects the Metropolitan Traffic Area, the M1Metropolitan Public Carriage Act 1869 and the M2London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.

2

As respects the Metropolitan Traffic Area, no local authority shall exercise under the M3Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.

Inquiries

F11876 General power to hold inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11977 General provisions as to inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

78 Power of Minister to modify or revoke restrictions in local Acts.

Where the running of public service vehicles is restricted or prohibited by any provision contained in—

a

a local Act (including an Act confirming a provisional order) passed before the commencement of subsection (2) of section 43 of the M5Transport Act 1980; or

b

an instrument made before the commencement of that subsection under any such local Act,

the Secretary of State may, on the application of any person affected by the restriction or prohibition, by order made by statutory instrument modify or revoke the restriction or prohibition.

E179 Vehicles excluded from regulation as private hire vehicles.

At any time when a vehicle would apart from section F921(4)of this Act be a public service vehicle, it shall continue to be treated as such for the purposes only of provisions contained in a local Act, in F93sections 10 to 23 of the Civic Government (Scotland) Act 1982F115, in the Private Hire Vehicles (London) Act 1998 or in Part II of the M6Local Government (Miscellaneous Provisions) Act 1976, which regulate the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and exclude public service vehicles from the scope of that regulation.

79AF114 Small PSVs subject to regulation as private hire vehicles.

1

If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of—

a

Part II of the M7Local Government (Miscellaneous Provisions) Act 1976, or

b

any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.

2

If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the M8Private Hire Vehicles (London) Act 1998.

3

But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.

4

In this section—

  • “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and

  • “large buses” means public service vehicles within paragraph (a) of that subsection.

80 Construction of references to traffic areas. C30

1

References in this Act to a traffic area constituted for the purposes thereof by a particular designation are references to the area described by that designation F94in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990.

2

Subsection (1) above has effect subject to the powers of the Secretary of State under section 3 of this Act to vary the provisions of this Act constituting traffic areas; . . . F95

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

81 Interpretation of references to the operator of a vehicle or service.

1

For the purposes of this Act—

a

regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator’s licence to another under a hiring arrangement; and

b

where regulations under paragraph (a) above do not apply, the operator of a vehicle is—

i

the driver, if he owns the vehicle; and

ii

in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

82 General interpretation provisions.

1

In this Act, unless the context otherwise requires—

  • “certificate of initial fitness” has the meaning given by section 6.

  • F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “company” means a body corporate;

  • F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • “director”, in relation to a company, includes any person who occupies the position of a director, by whatever name called;

  • “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly;

  • F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “fares” include sums payable in respect of a contract ticket or a season ticket;

  • “international operation” means a passenger transport operation starting or terminating in the United Kingdom and involving an international journey by the vehicle concerned, whether or not any driver leaves or enters the United Kingdom with that vehicle;

  • “local authority” means—

    1. a

      in relation to England and Wales, any local authority within the meaning of the M9Local Government Act 1972;

    2. b

      in relation to Scotland, a F101council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  • F102“local service” has the same meaning as in the Transport Act 1985;

  • “magistrates’ court” F103has the same meaning as in the M10Magistrates’ Courts Act 1980;

  • “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

  • “national operation” means a passenger transport operation wholly within the United Kingdom;

  • “official PSV testing station” has the meaning given by section 8(3);

  • “operating centre”, in relation to a vehicle, means the base or centre at which the vehicle is normally kept;

  • “operator” has the meaning given by section 81;

  • “owner”, in relation to a vehicle which is the subject of an agreement for hire, hire-purchase, conditional sale or loan, means the person in possession of the vehicle under that agreement, and references to owning a vehicle shall be construed accordingly;

  • “prescribed” has the meaning given by section 60(2);

  • F104“prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed

  • “PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of this Act;

  • “public service vehicle” has the meaning given by section 1;

  • F133“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;

  • F154“the 2011 Regulation” means Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004;

  • “Regulation (EC) 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;

  • “relevant conviction” means a conviction (other than a spent conviction) of any offence prescribed for the purposes of this Act, or an offence under the law of Northern Ireland, or of a country or territory outside the United Kingdom, corresponding to an offence so prescribed;

  • “restricted licence” means such a PSV operator’s licence as is mentioned in section 13(3);

  • “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes F105except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984;

  • F152“the Scottish traffic commissioner” is to be read in accordance with section 4(1)(b) (the traffic commissioner for the Scottish Traffic Area);

  • F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “standard licence” means a PSV operator’s licence which is not a restricted licence;

  • “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M11Interpretation Act 1978;

  • F153“traffic commissioner” means a commissioner appointed under section 4;

  • “tramcar” includes any carriage used on any road by virtue of an order made under the M12Light Railways Act 1896;

  • F134“transport manager” has the same meaning as in the 2009 Regulation;

  • F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1091A

References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.

2

Any reference in this Act to F127an EU instrument or to a particular provision of such an instrument—

a

is a reference to that instrument or provision as amended from time to time, and

b

if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

F1103

In this Act—

a

any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

b

any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

c

section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

83 Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

1

A provision of an Act other than this Act or of an instrument having effect under an enactment not repealed by this Act which (however expressed) defines “public service vehicle”, . . . F111 by reference to the M13Road Traffic Act 1930 or the M14Road Traffic Act 1960 shall have effect as if it provided that that expression should be construed in like manner as if it were contained in this Act.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

C3284 Protection of public interests. C31

1

It is hereby declared that nothing in this Act is to be treated as conferring on the holder of a licence granted thereunder any right to the continuance of any benefits arising from, or from a licence granted under, this Act, or from any conditions attached to any such licence.

2

In the event of an undertaking by which a service of public service vehicles is provided being purchased compulsorily by a local or public authority, that part of the value of the undertaking attributable directly or indirectly to this Act shall not be taken into account.

85 Saving for law of nuisance. C33

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

86 Saving for sections 16 and 17 of the Interpretation Act 1978.

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the M15Interpretation Act 1978 (which relate to the effect of repeals).

87 Power of Secretary of State to repeal section 10 of this Act. C34

The Secretary of State may by order made by statutory instrument repeal section 10 of this Act from such day as may be specified in the order, and any such order may include provision, to take effect on that day, for the repeal of sections 6(1)(b), F11351(1)(b), 65(1)(c) and 66(c) of this Act.

88 Transitional provisions, consequential amendments and repeals.

1

This Act shall have effect subject to the transitional provisions set out in Schedule 6 to this Act.

X12

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

X13

The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:
Editorial Information
X1

The text of s. 88(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

89 Short title, commencement and extent.

1

This Act may be cited as the Public Passenger Vehicles Act 1981.

P12

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

F1173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

This Act does not extend to Northern Ireland.