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The Transport Act 1968 (Commencement No. 3) Order 1969

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Statutory Instruments

1969 No. 1613 (C.51)

TRANSPORT

The Transport Act 1968 (Commencement No. 3) Order 1969

Made

17th November 1969

The Minister of Transport hereby makes this Order in exercise of his powers under section 166 of the Transport Act 1968 and of all other enabling powers:—

1.  This Order may be cited as the Transport Act 1968 (Commencement No. 3) Order 1969.

2.  (1)  In this Order “the Act”means the Transport Act 1968.

(2) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

3.  (1)  On the 20th November 1969 there shall come into force—

(a)the provisions of the Act specified in column 1 of Schedule 1 to this Order; and

(b)the provisions thereof specified in columns 2, 3 and 4 of the said Schedule 1 to the extent and for the purposes respectively specified in the headings to those columns in relation to those provisions.

(2) The provisions specified in columns 1 and 2 of Schedule 2 to this Order shall come into force for the purposes specified for those provisions in that Schedule in relation to the persons specified in column 1 of Schedule 3 to this Order—

(a)on the dates specified in relation to those persons in column 2 of Schedule 3 in the case of the provisions in Part I of Schedule 2; and

(b)on the dates specified in relation to those persons in column 3 of Schedule 3 in the case of the provisions in Part II of Schedule 2.

Sealed with the Official Seal of the Minister of Transport the 17th November 1969.

G. R. W. Brigstocke

An Under Secretary of the Ministry of Transport

SCHEDULE 1PROVISIONS COMING INTO FORCE ON THE 20TH NOVEMBER 1969

Column 1Column 2Column 3Column 4
Provisions coming into force for all purposes:Provisions coming into force for the purpose only of enabling regulations to be made:Provisions coming into force for the purpose only of enabling regulations relating to operators' licensing to be made:Provisions coming into force only in so far as they relate to operators' licensing:
Section 59Section 60(2) and (4)
Section 61

Section 63(1), (3) and (4)

Section 67(2)

Section 69(4)
Section 71(6)
Section 85

Section 86

Section 87(4)

Section 88
Section 89(1)

Section 90

Section 91

Section 92

Section 95

Section 98

Section 101

Section 102

Section 103(1) to (7) and (9)

SCHEDULE 2PROVISIONS COMING INTO FORCE IN RELATION TO THE PERSONS SPECIFIED IN COLUMN 1 OF SCHEDULE 3 TO THIS ORDER ON THE DATES RESPECTIVELY SPECIFIED IN COLUMNS 2 AND 3 OF THE SAID SCHEDULE 3 IN RELATION TO THEM

Column 1Column 2
Provisions coming into force so far as not brought into force by Schedule 1 to this Order:Provisions coming into force so far as not brought into force by Schedule 1 to this Order and in so far as they relate to operators' licensing:
PART I

Section 62

Section 63

Section 64(1) to (4)

Section 66

Section 67

Section 68

Section 69

Section 70

Section 82(4) and (5)

Section 84

Section 86

Section 87

Section 89

Section 94(1), (2) and (7)
In Schedule 10 to the Act
PART I
PART II
Section 60Section 71(6)

SCHEDULE 3DESCRIPTION OF PERSONS IN RELATION TO WHOM THE PROVISIONS SPECIFIED IN PART I OF SCHEDULE 2 COME INTO FORCE ON THE DATES SPECIFIED IN COLUMN 2 OF THIS SCHEDULE, AND THE PROVISIONS SPECIFIED IN PART II OF SCHEDULE 2 COME INTO FORCE ON THE DATES SPECIFIED IN COLUMN 3 OF THIS SCHEDULE

Column 1Column 2Column 3
Description of persons:Date on which the provisions specified in Part I of Schedule 2 come into force in relation to the persons specified in the same entry in Column 1:Date on which the provisions specified in Part II of Schedule 2 come into force in relation to the persons specified in the same entry in Column 1:

1.—(1) Any person (other than the Post Office) who—

(a) proposes to use a goods vehicle (other than a farmer's goods vehicle) on a road for the carriage of goods for hire or reward or for or in connection with any trade or business carried on by him, not being a use for which an operator's licence is not required by virtue of section 60(2) of the Act, and

(b) does not hold a carrier's licence or holds a carrier's licence of Class A or B in relation to any vehicle.

(2) Any person who holds a carrier's licence of any Class which has been granted or has effect as if granted to him under Regulation 13 (simplified procedure for the grant, etc. of carriers' licences in respect of Northern Ireland or foreign goods vehicles temporarily in Great Britain) of the Goods Vehicles (Carriers' Licences) (Temporary Use in Great Britain) Regulations 1969.(1).

1st December 19691st March 1970
2. Any person (except the Post Office) who holds a carrier's licence of Class C, the number whereof ends with figures between 000 and 333 inclusive, in relation to any vehicles.1st March 19701st June 1970
3. Any person (except the Post Office) who holds a carrier's licence of Class C, the number whereof ends with figures between 334 and 666 inclusive, in relation to any vehicles.1st June 19701st September 1970
4. Any person (except the Post Office) who holds a carrier's licence of Class C, the number whereof ends with figures between 667 and 999 inclusive, in relation to any vehicles.1st September 19701st December 1970

INTERPRETATION

1.  In this Schedule—

carrier's licence” means a licence granted under Part IV of the Road Traffic Act 1960;

farmer's goods vehiclehas the same meaning as in paragraph 7(1) of Schedule 4 to the Vehicles (Excise) Act 1962; and

Post Office” means the Post Office established by section 6 of the Post Office Act 1969.

2.  If any person qualifies under more than one of the descriptions in Column 1 of this Schedule the earlier or earliest of such descriptions in that column shall be treated as the only description applying to him.

EXPLANATORY NOTE

This Order brings into operation, on the various dates specified in it, those provisions of Part V of the Transport Act 1968 relevant to operators' licensing. It also brings into operation those provisions of Part VI of the Act necessary to enable Regulations to be made about the keeping of drivers' record books.

(1)

(1969 III, p. 4596).

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