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Deregulation and Contracting Out Act 1994

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This is the original version (as it was originally enacted).

45Conditions for securing road safety

After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted—

64BConditions for securing road safety

(1)A licensing authority, on granting an operator’s licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public—

(a)at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and

(b)on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.

(2)On varying an operator’s licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.

(3)The licensing authority shall not—

(a)attach to an operator’s licence any condition such as is mentioned in this section; or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.

(4)The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.

(5)In this section as it applies in relation to England and Wales, “public road” means a highway maintainable at the public expense for the purposes of the [1980 c. 66.] Highways Act 1980.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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