Section 261 to 263: Licensing of operators of goods vehicles
268.Sections 261 to 263 and Schedule 30 relates to the Goods Vehicle (Licensing of Operators) Act 1995 which provides for a system of operator licensing for users of commercial goods vehicles that weigh over 3.5 tonnes. This is intended to ensure the safe and proper use of goods vehicles and the protection of the environment around operating centres (the place where an operator normally keeps the vehicles). Licences are granted and, where appropriate, disciplinary action taken against licence holders by traffic commissioners, who are individuals appointed by the Secretary of State. The Vehicle Inspectorate, an Executive Agency of the Department of the Environment, Transport and the Regions, has responsibility for ensuring compliance with the laws on operator licensing.
269.Section 261 amends section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 to increase the maximum fine for operating without a licence from level 4 on the standard scale (currently £2,500) to level 5 on the scale (currently £5,000).
270.Section 262 and Schedule 30 give the Vehicle Inspectorate powers to detain, remove and dispose of illegally operated heavy goods vehicles (“HGVs”) at roadside checks. Schedule 30 sets out a new Schedule 1A to be inserted in the Goods Vehicles (Licensing of Operators) Act 1995. The new Schedule enables the Secretary of State to make regulations providing for the detention of goods vehicles used without an operator’s licence.
271.Section 263 substitutes a new section 5(6) of the Goods Vehicles (Licensing of Operators) Act 1995 to abolish the “margin concession”. The current provision enables newly acquired vehicles within the maximum number authorised under an operator’s licence to be used for up to a month without notification to a traffic commissioner and without a disc being displayed. This means that a vehicle may be operating legally even though an operator’s licence disc is not displayed on the windscreen. The detention scheme will only be workable if it is clear to Vehicle Inspectorate examiners at the roadside that a vehicle is being operated without a valid operator’s licence.
