The Public Service Vehicles (Operators' Licences) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations consolidate with modifications the Public Service Vehicles (Operators' Licences) Regulations 1986, as amended. The Regulations include new provisions consequent on the changes made by Chapter IV of the Deregulation and Contracting Out Act 1994, including the expiry of discs, the election to pay for discs annually and the manner in which notices are to be given. The provisions dealing with fees are now contained in the Public Service (Operators' Licences) (Fees) Regulations 1995 (S.I. 1995/2909).

2.  Regulations 1 to 3 deal with general matters including commencement, revocation and interpretation.

3.  Regulation 4 provides for the inspection of applications for licences by persons authorised by any chief officer of police or local authority.

4.  Regulation 5 prescribes the time and manner in which objections to an application for a PSV operator’s licence are to be made.

5.  Regulation 6 prescribes that an application for a PSV operator’s licence shall not be refused without the applicant being given the chance to state his case.

6.  Regulation 7 prescribes conditions which may be attached to a licence so as to restrict or regulate the use of a vehicle.

7.  Regulations 8 and 9 prescribe that the traffic commissioner before carrying out specified functions (including attaching or altering conditions on a licence or suspending or revoking a licence) shall give notice to the licence holder of his right to make written representations.

8.  Regulation 10 prescribes the forms of and particulars which shall be contained on a disc.

9.  Regulation 11 prescribes when discs shall expire and the manner in which operators may elect to pay for discs on an annual basis.

10.  Regulation 12 prescribes the manner in which a disc is to be fitted.

11.  Regulation 13 prohibits unauthorised alteration of discs and provides the procedure for obtaining a duplicate licence or disc and for notifying the traffic commissioner if the original is lost or destroyed.

12.  Regulation 14 requires the licence holder to return the licence and discs in specified circumstances (including suspension, surrender, attachment or alteration of conditions on a licence) and regulation 15 provides for the voluntary return of discs.

13.  Regulation 16 provides for production of a licence or disc for inspection by a police officer, vehicle examiner or other authorised person, when so required.

14.  Regulation 17 provides for notification by the traffic commissioner of his decisions.

15.  Regulation 18 prescribes the time limit for the traffic commissioner to take decisions on review.

16.  Regulation 19 prescribes the manner in which notices from the traffic commissioner are to be delivered, the address to which they are to be sent and the circumstances whereby a notice that a decision has been reviewed will be deemed to have been delivered.

17.  Regulation 20 requires the licence holder to notify the traffic commissioner of a change of address.

18.  Regulation 21 and the Schedule prescribe the convictions of specified persons which are relevant for the purposes of meeting the requirements under the Public Passenger Vehicles Act 1981 of repute and competence.

19.  Regulation 22 provides for operators under hiring arrangements, and in particular prescribes circumstances in which the person from whom a vehicle is hired is to be regarded as the operator.

20.  Regulation 23 provides for the termination of licences held by companies.

21.  Regulation 24 excludes bank holidays from the computation of days for a purpose in these Regulations.

22.  Regulation 25 provides that the limit on the number of vehicles to be used under a restricted licence shall not apply to the Post Office.

23.  Regulation 26 provides for the saving of specific provision of Regulations revoked by regulation 2.