C6PART II General Provisions Relating to Public Service Vehicles

Annotations:
Modifications etc. (not altering text)

Public service vehicle operators’ licences

16C1 Conditions attached to licences.

1

F1Subject to subsection (1A) below and section 12(7) of the Transport Act 1985F2A traffic commissioner on granting a PSV operator’s licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the F15traffic area to which that licence relates ) which the holder of the licence may at any one time use under the licence.

C2C3F31A

In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.

C42

Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.

3

F16A traffic commissioner may attach to a PSV operator’s licence (whether at the time when the licence is granted or at any later time) such conditions or additional conditions as F4he thinks fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.

4

Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator’s licence may stop to take up or set down passengers.

C55

F17At any time while a PSV operator’s licence is in force, a traffic commissioner may vary the licence by—

a

altering in such manner as F5he thinks fit any condition attached under subsection (3) above to the licence; or

b

removing any condition so attached to the licence.

6

On the application of the holder of a PSV operator’s licence, F18a traffic commissioner may at any time while it is in force—

a

vary the conditions attached under subsection (1) above to the licence; F7. . .

b

exercise F6his powers (whether of alteration or removal) under subsection (5) above; F8or

c

vary or remove any undertaking recorded in the licence;

and a person making an application under this subsection shall give to F18the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for the discharge of duties of a traffic commissioner in relation to the application.

F96A

In considering whether to grant an application under subsection (6) above, F19a traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

6B

In any case where F19a traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.

C77

Subject to section 68(3) of this Act, if a condition attached to a PSV operator’s licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding F10level 3 on the standard scale.

8

Compliance with any condition attached to a PSV operator’s licence . . . F11F12(other than a condition so attached under subsection (1A) above) may be temporarily dispensed with by F20a traffic commissioner if F13he is satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.

9

It is hereby declared that the conditions attached under subsection (1) F14or (1A) above to a PSV operator’s licence granted F21in relation to a traffic area do not affect the use by the holder of the licence of a vehicle—

F22a

under a PSV operator’s licence granted to the holder of that licence in relation to any other traffic area;

b

in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).