1(1)In determining whether an individual is of good repute, [F1a traffic commissioner] shall have regard to all the relevant evidence and in particular to—E+W+S
(a)relevant convictions of his and of his employees and agents;
[F2(aa)relevant fixed penalty notices issued to him and to his employees and agents;] and
(b)such other information as the [F3commissioner] may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business.
(2)In determining whether a company is of good repute, [F1a traffic commissioner] shall have regard to all the relevant evidence and in particular to—
(a)relevant convictions of the company and its officers, employees and agents;
[F4(aa)relevant fixed penalty notices issued to the company's officers, employees and agents;] and
(b)such other information as the [F3commissioner] may have as to previous conduct of—
(i)the company’s officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company; and
(ii)each of the company’s directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business.
[F5(2A)In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act.]
[F6(3)A traffic commissioner shall determine that an individual is not of good repute if he has—
(a)more than one conviction of a serious offence; or
(b)been convicted of road transport offences.]
[F7(4)For the purposes of sub-paragraph (3)(a) above a serious offence is—
(a)an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4 on the standard [F8scale, a] [F9community order requiring the offender to perform unpaid work for more than sixty hours] [F10or a community payback order requiring the offender to undertake unpaid work, or unpaid work and other activity, for more than sixty hours] was imposed; and
(b)any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.
[F11(5)For the purposes of sub-paragraph (3)(b) above a road transport offence is—
(a)an offence under the law of any part of the United Kingdom relating to road transport including in particular—
(i)an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and
(ii)any other offence concerning professional liability; or
(b)any corresponding offence under the law of a country or territory outside the United Kingdom.]
(6)In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental [F12health, “a community order”] [F13means an order under section 177 of the Criminal Justice Act 2003 [F14or Chapter 2 of Part 9 of the Sentencing Code], a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978] [F15 or a service community order or overseas community order under the Armed Forces Act 2006] [F16and “a community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement].
F7(7)In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to [F17an offence under section 42 of the Armed Forces Act 2006.]
(8)For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a traffic commissioner may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction.
(9)Sub-paragraph (3) above is without prejudice to the power of a traffic commissioner to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned.
(10)In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder, of, a PSV operator’s licence.]
Textual Amendments
F1Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(a)
F2Sch. 3 para. 1(1)(aa) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 7(3), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)
F3Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(a)
F4Sch. 3 para. 1(2)(aa) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 7(4), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)
F5Sch. 3 para. 1(2A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 7(5), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)
F6Sch. 3 para. 1(3) substituted (1.10.1999) by S.I. 1999/2431, reg. 2(1)
F7Sch. 3 para 1(3)–(10) inserted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 1
F8Words in Sch. 3 para. 1(4)(a) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 10(2)(a) (with art. 4(4))
F9Words in Sch. 3 para. 1(4)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 32(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(16) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F10Words in Sch. 3 para. 1(4)(a) inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 10(2)(b) (with art. 4(4))
F11Sch. 3 para. 1(5) substituted (1.10.1999) by S.I. 1999/2431, reg. 2(2)
F12Words in Sch. 3 para. 1(6) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 10(3)(a) (with art. 4(4))
F13Words in Sch. 3 para. 1(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 32(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(16) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F14Words in Sch. 3 para. 1(6) inserted (1.12.2020) by Sentencing Act 2020 c. 17, s. 416(1), Sch. 24 para. 63 (with Sch. 27); S.I. 2020/1236, reg. 2
F15Words in Sch. 3 para. 1(6) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 90(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F16Words in Sch. 3 para. 1(6) inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 10(3)(b) (with art. 4(4))
F17Words in Sch. 3 para. 1(7) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 90(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 3 para. 1 amended by S.I. 1986/1628, reg. 5(1), Sch.
C2Sch. 3 para. 1(7) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 19