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London Regional Transport Act 1984

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This is the original version (as it was originally enacted).

45Excursions and tours with stopping places in Greater London

(1)The following section shall be inserted in the Public Passenger Vehicles Act 1981 immediately after section 35 (grant of road service licences for certain excursions or tours)— Excursions and tours with stopping places in Greater London.

35A(1)If, in the case of any application for a road service licence made to the traffic commissioners for the Metropolitan Traffic Area—

(a)the traffic commissioners are satisfied as mentioned in section 35(1) of this Act; and

(b)they are also satisfied that the proposed service involves the use of any place in Greater London as a stopping place ;

the following provisions of this section shall apply in relation to the application and to any licence granted on it instead of section 35(1).

(2)In this section " stopping place" means, in relation to any service, a point at which passengers are taken up or set down in the course of that service.

(3)Section 33 of this Act shall not apply in relation to any application for a road service licence to which this section applies or in relation to any licence granted on any such application, and sections 31 and 32 of this Act shall so apply subject to the modifications provided by the following provisions of this section.

(4)The interests of the public falling to be considered under any provision of section 31 or 32, as that provision applies by virtue of this section, shall be confined to the interests of the public in securing that only places which are suitable for use as such are used as stopping places for the service in question in Greater London. The reference above in this subsection to the service in question is a reference to the proposed service or the service provided under any road service licence granted on an application to which this section applies (as the case may require).

(5)For the purposes of this section a place is to be regarded as not being suitable for use as a stopping place for any service if the traffic commissioners are satisfied that its use as such would be prejudicial to the safety or convenience of the public.

(6)Section 31 shall apply with the omission of—

(a)paragraphs (a) and (b) of subsection (3); and

(b)subsection (4);

and subsection (3)(c) of that section shall apply only in relation to objections or representations made by the commissioner or commissioners of police concerned or by any of the local authorities affected.

(7)In subsection (6) above " commissioner of police " means—

(a)in relation to the metropolitan police district, the commissioner of police of the metropolis ; and

(b)in relation to the City of London, the Commissioner of Police for the City of London;

and for the purposes of that subsection the local authorities affected are the Greater London Council and any of the following councils, that is to say, the councils of the London boroughs and the Common Council of the City of London, in whose area any stopping place for the proposed service is situated.

(8)Section 32 shall apply with the omission of subsections (1) and (2), but the traffic commissioners in granting a licence on any application to which this section applies may attach to the licence such conditions of a description within section 32(1)(c) as they think fit, having regard to any objections or other representations that fall to be considered in relation to that application by virtue of section 31(3)(c) as it applies by virtue of this section, for securing that only places which are suitable for use as such are used as stopping places for the proposed service in Greater London.

(9)Any condition attached to a road service licence under subsection (8) above shall be treated for the purposes of the references in sections 30(7) and 32(5) of this Act to a condition attached under section 32 as having been attached to the licence under that section.

(10)Subsections (2) and (3) of section 35 of this Act shall apply in relation to a road service licence granted in pursuance of section 31, as section 31 applies by virtue of this section, as those subsections apply in relation to a road service licence granted in pursuance of section 35.

(2)In section 35(1) of that Act, at the beginning there shall be inserted the words

Subject to section 35A of this Act.

(3)In section 54(4) of that Act (procedure of the traffic commissioners in certain cases)—

(a)in paragraph (a), after the word " Act" there shall be inserted the words

or (as the case may be) as mentioned in section 35(1) of this Act and also as mentioned in section 35A(1)(b) of this Act; and

(b)in paragraph (b), for the words " so satisfied" there shall be substituted the words

satisfied as mentioned in section 34(1) or 35(1), other than an application in the case of which they have determined that they are also satisfied as mentioned in section 35A(1)(b).

(4)Nothing in this section shall apply in relation to an application for a road service licence made before this section comes into force.

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