Goods Vehicles (Licensing of Operators) Act 1995

Conditions attached to licences E+W+S

21 Conditions for securing road safety. E+W+S

(1) On issuing an operator’s licence, or on varying such a licence under section 17, a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing vehicles that are authorised to be used under it 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 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.

(3) The traffic commissioner 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 to make representations to the commissioner with respect to the effect on his business of the proposed condition or variation.

(4) The traffic commissioner shall give special consideration to any representations made under subsection (3) in determining whether to attach the proposed condition or make the proposed variation.

(5) In this section “public road”—

(a) in relation to England and Wales, means a highway maintainable at the public expense for the purposes of the M1 Highways Act 1980; and

(b) in relation to Scotland, has the same meaning as in the M2 Roads (Scotland) Act 1984.

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

Annotations:

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.

Marginal Citations

M1 1980 c. 66.

M2 1984 c. 54.

22 Conditions as to matters required to be notified to traffic commissioner. E+W+S

(1) On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder to inform him—

(a) of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;

(b) where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or

(c) of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of the traffic commissioner in relation to the licence.

(2) On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

(a) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 13(3), and to do so within 28 days of the event; and

(b) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 13(3)(a) or (c), and to do so within 28 days of the event coming to the licence-holder’s knowledge.

(3) In subsection (2)(b) the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 13(3)(c).

(4) In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform the traffic commissioner of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.

(5) For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in section 744 of the M3 Companies Act 1985) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.

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

Annotations:

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.

Marginal Citations

M3 1985 c. 6.

23 Conditions as to use of operating centres. E+W+S

(1) On issuing an operator’s licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place in his area as an operating centre of the licence-holder.

(2) The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

(a) the number, type and size of motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder in the area of the traffic commissioner for any prescribed purpose;

(b) the parking arrangements to be provided at or in the vicinity of any such centre; and

(c) the hours at which operations of any prescribed description may be carried on at any such centre.

(3) On varying an operator’s licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.

(4) The traffic commissioner shall not—

(a) attach any condition such as is mentioned in this section to an operator’s licence, 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 to make representations to the commissioner with respect to the effect on his business of the proposed condition or variation.

(5) The traffic commissioner shall give special consideration to any representations made under subsection (4) in determining whether to attach the proposed condition or make the proposed variation.

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