The Traffic Areas (Reorganisation) Order 1990

SCHEDULE 1 TRAFFIC AREAS

(1)	(2)
Names of Traffic Areas	Areas comprised in Traffic Areas
Scottish	Scotland
North-Western	(a) The Metropolitan Counties of Greater Manchester and Merseyside. (b) The Counties of Cheshire, Clwyd, Derbyshire, Gwynedd and Lancashire.
North-Eastern	(a) The Metropolitan Counties of South Yorkshire, Tyne and Wear and West Yorkshire. (b) The Counties of Cleveland, Durham, Humberside, Northumberland, Nottinghamshire and North Yorkshire.
West Midland	(a) The Metropolitan County of West Midlands. (b) The Counties of Hereford and Worcester, Salop, Staffordshire and Warwickshire.
Eastern	The Counties of Bedfordshire, Buckinghamshire, Cambridgeshire, Hertfordshire, Essex, Leicestershire, Lincolnshire, Norfolk, Northamptonshire and Suffolk.
South-Wales	The Counties of Dyfed, Gwent, Mid Glamorgan, Powys, South Glamorgan and West Glamorgan.
Western	Counties of Avon, Berkshire, Cornwall, Devon, Dorset, Gloucestershire, Hampshire, Isle of Wight, Oxfordshire, Somerset and Wiltshire.
South-Eastern and Metropolitan Area	(a) The administrative area of Greater London. (b) The Counties of Kent, Surrey, East Sussex and West Sussex.

SCHEDULE 2 GOODS VEHICLE OPERATORS' LICENCES AND PSV OPERATORS' LICENCES

PART I Existing goods vehicle operator' licences

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

1.—(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) no place in the new area is specified as an operating centre immediately before that date in any other goods vehicle operator’s licence held by the same person.

(2) In such a case, the goods vehicle operator’s licence shall, so far as is required for continuing its effect on and after reorganisation date, have effect as if it had been granted by the traffic commissioner for the new area.

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.

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

3.—(1) This paragraph has effect where the places specified immediately before reorganisation date as operating centres in a goods vehicle operator’s licence are places which, on and after that date, are situated in more than one traffic area (such an area being referred to in this paragraph as a “relevant area”).

(2) In such a case, the traffic commissioner who granted the licence shall, before reorganisation date and after consulting the holder of the licence, give a direction—

(a) in relation to each vehicle specified in the licence, specifying the relevant area to which the vehicle is to be assigned;

(b) except in a case where a licence does not permit the addition of authorised vehicles under section 61(1)(c) of the 1968 Act, assigning the maximum number of motor vehicles specified in the licence to a particular relevant area or assigning that number to two or more relevant areas;

(c) assigning the maximum number of trailers specified in the licence to a particular relevant area or assigning that number to two or more relevant areas.

(3) A traffic commissioner may, after consulting the holder of the licence which would be affected and at any time before reorganisation date, give a direction varying any direction given by him under sub-paragraph (2) above.

(4) Where a direction has been given under sub-paragraph (2) above, paragraphs 1 and 2 of this Schedule shall have effect in respect of that licence in relation to each traffic area to which there has been an assignment under the direction, as if immediately before reorganisation date—

(a) the only places specified as operating centres in the licence on reorganisation date were those situated in that traffic area;

(b) the vehicles specified in the licence on that date were those assigned to that area under this paragraph;

(c) the maximum number of trailers specified in the licence on that date were the number of trailers assigned to that area under this paragraph; and

(d) the maximum number of motor vehicles specified in the licence on that date were the number of motor vehicles assigned to that area under this paragraph;

and in so far as the licence has effect by virtue of paragraphs 1 or 2 of this Schedule and of the foregoing provisions of this sub-paragraph, it shall have effect in respect of each such area as if, immediately before reorganisation date, the licence had been varied as set out in paragraphs (a) to (d) above in relation to that area.

(5) If—

(a) a traffic commissioner (other than the Traffic Commissioner for the Metropolitan Traffic Area), as respects a licence, fails to give a direction under sub-paragraph (2) before reorganisation date, the functions under that sub-paragraph as respects that licence shall nevertheless be exercisable by that traffic commissioner on or after that date, and

(b) the Traffic Commissioner for the Metropolitan Traffic Area, as respects a licence, fails to give a direction under sub-paragraph (2) before reorganisation date, the functions under that sub-paragraph as respects that licence shall, on and after that date, be exercisable by the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.

PART II Existing PSV Operators' Licences

4.—(1) The traffic commissioner who has granted a PSV operator’s licence may, at any time before reorganisation date and after consulting the holder of the licence, give a direction under this paragraph.

(2) A direction under sub-paragraph (1) above is a direction—

(a) assigning the maximum number of vehicles specified in the licence to a traffic area other than that of the traffic commissioner giving the direction, or

(b) assigning that number to two or more areas (whether or not including the area of the traffic commissioner giving the direction) in such proportions as the traffic commissioner giving the direction thinks fit.

(3) A traffic commissioner shall not give a direction under this paragraph assigning a number of vehicles to a traffic area unless it appears to him that there is a place within the limits of that area as specified in Schedule 1 to this Order which—

(a) the holder of the licence is using and on and after reorganisation date intends to use as an operating centre; and

(b) is within the old area.

(4) A traffic commissioner may, after consulting the holder of the licence who would he affected and any time before reorganisation date, give a direction varying any direction given by him under sub-paragraph (1) above.

(5) Where a direction has been given under sub-paragraph (1) above, the licence to which it relates shall—

(a) be valid notwithstanding the prohibition in section 12(3) of the 1981 Act on a person holding more than one *PSV 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 in respect of each traffic area to which a number of vehicles has been assigned under the direction, have effect (if not granted by the traffic commissioner giving the direction) as if it had been granted by the traffic commissioner for the traffic area in question and as if the maximum number of vehicles specified in the licence were the number so assigned to that area.

(6) If—

(a) a traffic commissioner (other than the Traffic Commissioner for the Metropolitan Traffic Area), as respects a licence, fails to give a direction under sub-paragraph (1) above before reorganisation date, the functions under that sub-paragraph as respects that licence shall nevertheless be exercisable by that traffic commissioner on or after that date, and

(b) the Traffic Commissioner for the Metropolitan Traffic Area, as respects a licence, fails to give a direction under sub-paragraph (1) above before reorganisation date, the functions under that sub-paragraph as respects that licence shall, on and after that date, be exercisable by the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.

(7) A traffic commissioner shall not give a direction under sub-paragraph (6) above assigning a number of vehicles to a new area unless he is satisfied that there is a place within the new area which—

(a) the holder of the licence had, before reorganisation date, been using as an operating centre, and

(b) is within the old area.

(8) Where—

(a) by virtue of the foregoing sub-paragraphs, a person is treated as holding more than one PSV 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 50 of the 1981 Act,

are disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of the 1981 Act.

(9) In this paragraph a reference to the maximum number of vehicles specified in a PSV operator’s licence is a reference to the maximum number of vehicles (having their operating centre in the area to which the licence relates) which the holder of the licence may at any one time use under the licence in consequence of any condition attached to the licence under section 16(1) of the 1981 Act.

(10) Nothing in this paragraph shall be construed as enabling a person to be granted an 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.

(11) In this paragraph “old area”, in relation to a traffic commissioner, is the area which comprises the traffic area of that traffic commissioner immediately before reorganisation date.

PART III Pending Proceeedings

Goods vehicle operators' licences

5.—(1) Subject to sub-paragraph (8) below, where an application has, before reorganisation date, been made by the holder of a goods vehicle operator’s licence for a new place to be specified as an operating centre in that licence under section 69D of the 1968 Act and that place is situated in a transferred area, the application shall, as from reorganisation date, be treated as an application to the traffic commissioner for the new area for, as the case requires, either—

(a) an application for a goods vehicle operator’s licence specifying that place as an operating centre; or

(b) an application to vary a goods vehicle operator’s licence already held by the applicant in respect of the new area by directing that place to be specified in it as a new operating centre;

and any application made in connection therewith under section 68 of the 1968 Act shall be dealt with accordingly.

(2) Sub-paragraph (3) below has effect where—

(a) an application for a goods vehicle operator’s licence made before reorganisation date falls to be determined after that date in circumstances where the operating centres specified in the application are in a traffic area affected by the changes made by this Order; and

(b) at any time before the application is determined, the applicant holds a goods vehicle operator’s licence (“the existing licence”) in respect of the area of the traffic commissioner by whom the application falls to be determined;

and in paragraph (b) above and sub-paragraph (3) below references to the application in a case where, after reorganisation date, the application falls to be determined by more than one traffic commissioner, are references to the application as it relates to the area of a particular traffic commissioner.

(3) Subject to sub-paragraph (9) below, in the circumstances mentioned in sub-paragraph (2) above the traffic commissioner shall treat the application as an application—

(a) under section 69D(1) of the 1968 Act to vary the existing licence (or the existing licence with the latest expiry date if there is, on reorganisation date, more than one existing licence) by directing that any place specified as an operating centre in the application shall be specified in the existing licence as a new operating centre; and

(b) so far as the case requires, under section 68(1) of that Act to vary the licence by directing that additional vehicles be specified therein and that the maximum number of trailers and motor vehicles be increased.

(4) Nothing in this paragraph shall affect the validity of any notice given or advertisement published before reorganisation date.

(5) Without prejudice to section 62(1) of the 1968 Act, nothing in regulation 13 of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984(1) shall prevent two or more applications for goods vehicle operators' licences to different traffic commissioners made before reorganisation date being treated by virtue of this Order, after reorganisation date, as applications to the traffic commissioner for one traffic area.

(6) Where, by virtue of this Order, two or more applications for goods vehicle operators' licences made to different traffic commissioners are treated as having been made to a traffic commissioner for one traffic area, nothing in section 62(1) of the 1968 Act shall prevent the traffic commissioner granting an interim licence to the applicant in respect of all or any of those applications.

(7) Where—

(a) a notice of an application for the grant or variation of a goods vehicle operator’s licence has been published in accordance with section 69E of the 1968 Act before reorganisation date, and

(b) the notice specifies an address to which representations should be delivered;

nothing in this Order shall affect the validity of any representation delivered to that address on or after reorganisation date.

(8) Sub-paragraph (1) above shall not affect the operation of subsections (2) to (7) of section 69(D) of the 1968 Act in relation to any such application as is referred to in that sub-paragraph (and accordingly, notwithstanding sub-paragraph (1), those subsections shall continue to apply to the application after reorganisation date and sections 69A(2) and (3) and 69B of the 1968 Act shall not apply to it).

(9) Sub-paragraph (3) above shall not affect the operation of section 69A(2) and (3) or section 69B of the 1968 Act in relation to any such application as is referred to in that sub-paragraph (and accordingly, notwithstanding sub-paragraph (3) above, those provisions shall continue to apply to the application after reorganisation date and section 69D(2) to (7) shall not apply to it).

(10) For the purposes of this paragraph, a person holds a goods vehicle operator’s licence in respect of an area if he either holds or is treated as holding such a licence in respect of the area.

(11) In this paragraph, a reference to a goods vehicle operator’s licence does not include an interim licence.

(12) For the purposes of this paragraph, an interim licence is a licence granted under section 67(5) of the 1968 Act.

PSV operators licences

6.—(1) An application for a PSV operator’s licence made before reorganisation date shall as, from that date be treated as an application to the traffic commissioner for the traffic area in which the places named in the application as operating centres are situated or, if there is more than one such area, to the traffic commissioner for each of those areas in so far as it relates to their respective areas.

(2) Where—

(a) an application has, before 1st March 1991, been made to a traffic commissioner for the variation of a PSV operator’s licence; and

(b) it appears to him that the applicant intends to start using a particular place in the old area as an operating centre if the application is successful, but not otherwise;

the traffic commissioner may, at any time before reorganisation date, if that place is in a transferred area, direct that the application shall, as from reorganisation date, be treated in whole or in part as an application to the traffic commissioner for the new area for a PSV operator’s licence.

(3) Where—

(a) a decision whether to grant an application for a new PSV operator’s licence made before reorganisation date fails by virtue of article 9 of this Order or sub-paragraph (2) above, to be determined after that date by a traffic commissioner other than the traffic commissioner to whom the application was made; and

(b) at any time before the decision is made, the applicant holds a PSV operator’s licence in respect of the area of that other traffic commissioner (“the existing licence”),

the traffic commissioner for that other area shall treat the application as an application for a variation of the existing licence (or the existing licence with the latest expiry date if there is, on reorganisation date, more than one existing date).

(4) If—

(a) a traffic commissioner other than the Traffic Commissioner for the Metropolitan Traffic Area, as respects a licence, fails to give a direction under sub-paragraph (2) above before reorganisation date, the functions under that sub-paragraph as respects that licence shall nevertheless be exercisable by that traffic commissioner, on or after that date, and

(b) the Traffic Commissioner for the Metropolitan Traffic Area, as respects a licence fails to give a direction under sub-paragraph (2) above before reorganisation date, the functions under that sub-paragraph as respects that licence shall, on and after that date, be exercisable by the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.

(5) A reference in this paragraph to the maximum number of vehicles specified in a PSV operator’s licence shall be construed in accordance with paragraph 4(9) of this Schedule.

(6) Nothing in this paragraph shall affect the validity of any notice published before reorganisation date.

(7) For the purposes of this paragraph, a person holds a PSV operator’s licence in respect of an area if he either holds or is treated as holding such licence in respect of the area.

(8) In this paragraph “old area” has the meaning given in paragraph 4(11) of this Schedule.

(1)

S.I. 1984/176; to which there have been no relevant amendments.