The Traffic Areas (Reorganisation) Order 1990

Cases where more than one existing licence held by a person has effect in a new area

2.—(1) Subject to paragraph 3 of this Schedule, this paragraph applies where, immediately before reorganisation date—

(a) the places specified as operating centres in a goods vehicle operator’s licence are all situated in a transferred area; and

(b) the person who holds that licence holds at least one other goods vehicle operator’s licence in which the places specified as operating centres are all situated in the new area; and

(c) there is not specified as an operating centre in any goods vehicle operator’s licence held by that person, a place situated outside that new area as well as a place situated inside the area;

and all the licences held by that person in which the places specified as operating centres are situated in the new area are collectively referred to in this paragraph as “relevant licences”.

(2) In such a case, on and after reorganisation date—

(a) the relevant licences shall remain valid notwithstanding the prohibition in section 62(1) of the 1968 Act on a person holding more than one goods vehicle operator’s licence in respect of the same traffic area; and

(b) so far as is required for continuing its effect on and after reorganisation date, the licence referred to in sub-paragraph (1)(a) above shall have effect as if it had been granted by the traffic commissioner for the new area.

(3) Nothing in this paragraph shall be construed as enabling a person to be granted a goods vehicle operator’s licence in respect of a traffic area if he already holds or is treated as already holding such a licence in respect of that area.

(4) Where—

(a) by virtue of this paragraph a person is treated as holding more than one goods vehicle operator’s licence in respect of a traffic area, and

(b) on the date on which one of those licences (“the expiring licence”) is due to expire, proceedings are pending before the traffic commissioner for that area on an application by the person for a variation of another of those licences (“the continuing licence”), and

(c) the application is such that if it were granted the person would be able to do under the continuing licence everything which he had been able to do under the expiring licence,

the expiring licence shall continue in force until—

(i) the application; and

(ii) any appeal under section 70 of the 1968 Act arising out of the application,

are disposed of, without prejudice, however, to the exercise in the meantime of the powers conferred by section 69 of that Act.