You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Version Superseded: 14/07/1994
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this section “service” means a local service which is neither a London local service nor a service provided under an agreement with the Railways Board (under section 4A of the 1962 Act) where a railway service has been temporarily interrupted.
(2)Subject to regulations under this section, no service shall be provided in any traffic area in which there is a stopping place for the service unless—
(a)the prescribed particulars of the service have been registered with the traffic commissioner for that area by the operator of the service;
(b)the period of notice in relation to the registration has expired; and
(c)the service is operated in accordance with the registered particulars.
(3)In subsection (2) above “the period of notice”, in relation to any registration, means, subject to regulations under this section—
(a)the period prescribed for the purposes of this subsection; or
(b)if longer, the period beginning with the registration and ending with the date given to the traffic commissioner by the operator as the date on which the service will begin.
(4)An application for registration shall only be accepted from a person who either holds an unconditional PSV operator’s licence or a permit under section 22 of this Act or is using, or proposing to use, a school bus belonging to that person for farepaying passengers in accordance with section 46(1) of the 1981 Act.
(5)In subsection (4) above “unconditional”, in relation to a PSV operator’s licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates.
(6)In this Act any reference to a service registered under this section is a reference to a service in respect of which the prescribed particulars are registered under this section.
(7)Any registration may be varied or cancelled on an application made by the operator of the service to which it relates.
(8)Subject to regulations under this section, the variation or cancellation of a registration shall become effective—
(a)on the expiry of the period beginning with the date on which the traffic commissioner accepts the application and ending with the date determined in accordance with regulations under this section; or
(b)if later, on the day given to the traffic commissioner by the operator as the effective date for the variation or (as the case may be) cancellation.
(9)Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision—
(a)for permitting the variation of a registered service, in such circumstances as may be prescribed, without variation of the registration;
(b)for excluding or modifying the application of subsection (3) or (8) above in such cases or classes of case as may be prescribed;
(c)that in such cases or classes of case as may be prescribed—
(i)subsection (2) above shall have effect as if for the reference in paragraph (b) to the period of notice there were substituted a reference to such period as the traffic commissioner may determine;
(ii)subsection (8) above shall have effect as if for the reference in paragraph (a) to the date on which the period mentioned in that paragraph is to expire there were substituted a reference to such date as he may determine;
(d)as to the procedure for applying for registration or for the variation or cancellation of a registration;
(e)for an application for registration or for the variation or cancellation of a registration not to be accepted by the traffic commissioner to whom it is made unless the applicant gives to the commissioner such information as he may reasonably require in connection with the application;
(f)as to the traffic commissioner to whom an application for registration is to be made in the case of services which will run through the areas of two or more traffic commissioners;
(g)as to the documents (if any) to be issued by a traffic commissioner with respect to registrations;
(h)as to the cancellation of registrations relating to discontinued services;
(i)for enabling a traffic commissioner to require the operator of a registered service, in such circumstances as may be prescribed, to keep records of such matters relating to the operation of the service, in such manner, as may be prescribed;
(j)for requiring the operator of a registered service who is required to keep records by regulations made by virtue of paragraph (i) above to make those records available to the traffic commissioner;
(k)for requiring the operator or prospective operator of a registered service to give, to such persons and at such times as may be prescribed, such information as may be prescribed with respect to the service, or proposed service, or any proposal to vary or cancel the registration of the service;
(l)for excluding from the application of this section services which are—
(i)excursions or tours; or
(ii)excursions or tours falling within a prescribed class.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: