PART II E+W+S General Provisions Relating to Public Service Vehicles

Modifications etc. (not altering text)

C1 Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)

Public service vehicle operators’ licencesE+W+S

16 Conditions attached to licences. E+W+S

(1)[F1Subject to subsection (1A) below and section 12(7) of the Transport Act 1985] [F2A 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 [F3traffic area to which that licence relates] ) which the holder of the licence may at any one time use under the licence.

[F4(1A)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.]

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

(3)[F5A 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 [F6he 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.

(5)[F7At 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 [F8he 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, [F9a traffic commissioner] may at any time while it is in force—

(a)vary the conditions attached under subsection (1) above to the licence; F10. . .

(b)exercise [F11his] powers (whether of alteration or removal) under subsection (5) above; [F12or

(c)vary or remove any undertaking recorded in the licence;]

and a person making an application under this subsection shall give to [F9the 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.

[F13(6A)In considering whether to grant an application under subsection (6) above, [F14a 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 [F14a 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.]

(7)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 [F15level 3 on the standard scale].

(8)Compliance with any condition attached to a PSV operator’s licence . . . F16[F17(other than a condition so attached under subsection (1A) above)] may be temporarily dispensed with by [F18a traffic commissioner] if [F19he 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) [F20or (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—

[F22(a)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).

Textual Amendments

F1Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(4)

F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(a)

F3Words in s. 16(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F4S. 16(1A) inserted by Transport Act 1985 (c. 67, SIF 126), s. 24(1)(a)

F5Words in s. 16(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F6Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(b)

F7Words in s. 16(5) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F8Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(c)

F9Words in s. 16(6) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F10Word “or” in s. 16(6) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 4, Sch. 17; S.I. 1995/2835, art. 2

F11Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(d)