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Public Passenger Vehicles Act 1981

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This is the original version (as it was originally enacted).

48Powers of local authorities in relation to experimental areas

(1)In relation to an experimental area the local authority concerned shall have the powers conferred by this section.

(2)The local authority concerned may grant authorisations in respect of the use of vehicles for the carriage of passengers for hire or reward, whether or not at separate fares—

(a)within the experimental area or within one or more parts of that area; or

(b)within the experimental area and also on journeys falling partly within the experimental area and partly outside that area including, subject to subsection (5) below, journeys falling partly within the area of another local authority.

(3)An authorisation under this section may be either—

(a)a general authorisation, applying (according to its terms) either—

(i)to private vehicles generally; or

(ii)to private vehicles adapted to carry not more than a specified number of passengers, being a number less than sixteen;

or

(b)a special authorisation issued to a specified person and applying to such one or more private vehicles or commercial vehicles as may be specified in the authorisation.

(4)An authorisation under this section shall specify the experimental area to which it relates and shall either—

(a)state that it applies to the whole of that area ; or

(b)specify the part or parts of that area to which it applies;

or

(c)state that it applies to the whole of that area and also covers journeys of the kind mentioned in subsection (2)(b) above.

(5)A special authorisation granted by a local authority which is expressed to cover journeys of the kind mentioned in subsection (2)(b) above shall be of no effect within the area of another local authority unless granted with that other authority's consent.

(6)An authorisation under this section shall be granted only with the approval of the Secretary of State, given either for that particular authorisation or generally for authorisations of a class or description into which that authorisation falls. An approval under this subsection given for a class or description of special authorisations may be limited so as to apply only to the grant of authorisations of that class or description containing conditions of a kind specified in the approval.

(7)Schedule 5 to this Act shall have effect with respect to authorisations under this section,

(8)Subject to subsection (9) below, where, in the case of any private or commercial vehicle, the use of the vehicle within any particular area, or on any particular journey, is covered by an authorisation under this section, then, in relation to its use in that area or on that journey in circumstances in which the relevant conditions are fulfilled, the vehicle shall be treated as not being a public service vehicle for the purposes of—

(a)this Act; and

(b)any other statutory provision (whenever passed or made) relating to public service vehicles in which "public service vehicle" is defined directly or indirectly by reference to the provisions of this Act. In this subsection " the relevant conditions " means—

(a)in the case of a general authorisation, the conditions attached to the authorisation by virtue of paragraph 1 of Schedule 5 to this Act, and

(b)in the case of a special authorisation, any conditions attached to the authorisation under that Schedule.

(9)Nothing in subsection (8) above shall affect the operation of section 40 of this Act.

(10)In this section and in Schedule 5 to this Act—

  • " commercial vehicle " means a motor vehicle adapted to carry not more than eight passengers which, apart from any use made of it in pursuance of an authorisation under this section, is used for carrying passengers for hire or reward in the course of a passenger transport business;

  • " passenger transport business " means any business which consists of or includes the carrying of passengers for hire or reward;

  • " private vehicle " means a motor vehicle adapted to carry not more than sixteen passengers which, apart from any use made of it in pursuance of an authorisation under this section, is not used for carrying passengers for hire or reward in the course of a passenger transport business;

  • " specified", in relation to an authorisation under this section, means specified in the authorisation; and references to the carrying of passengers for hire or reward shall be construed in accordance with section 1(5) of this Act.

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