The Public Service Vehicles (Operators' Licences) (Amendment) Regulation 1995

Statutory Instruments

1995 No. 689

PUBLIC PASSENGER TRANSPORT

The Public Service Vehicles (Operators' Licences) (Amendment) Regulation 1995

Made

9th March 1995

Laid before Parliament

10th March 1995

Coming into force

1st April 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 14A(2), 59 and 60 of the Public Passenger Vehicles Act 1981(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 61(2) of that Act and with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries 1992(2) hereby makes the following regulations:—

1.  These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.

2.  For regulation 5 of the Public Service Vehicles (Operators' Licences) Regulations 1986(3) there shall be substituted the following regulation—

“5.— (1) The prescribed time within which an objection under section 14A must be made is the period of 21 days beginning with the day after the date when the notice of the application is published in Notices and Proceedings.

(2) The prescribed manner for making an objection for the purposes of section 14A is by serving on the traffic commissioner a document—

(a) setting out the objection, and

(b) signed by or on behalf of the person making the objection.

(3) Service of a document on the traffic commissioner shall, for the purposes of this regulation, be effected by—

(a) delivering it to him,

(b) sending it to him by post, or

(c) by transmitting it to him by FAX,

at the Traffic Area Office.

(4) A copy of every objection shall be sent by the objector to the applicant on the day or the next working day after it is made.

(5) In this regulation—

“FAX” means the making of a facsimile copy of a document by the transmission of electronic signals; and

“Traffic Area Office” means the office for the time being appointed by the traffic commissioner as the Traffic Area Office for the purposes of these Regulations.”.

3.  Regulation 2 of these Regulations shall not apply in relation to an application made before the 1st April 1995 for the grant of a PSV operator’s licence under the Public Passenger Vehicles Act 1981.

Signed by authority of the Secretary of State.

Steven Norris

Parliamentary Under Secretary of State

Department of Transport

9th March 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Public Service Vehicles (Operators' Licences) Regulations 1986 by replacing regulation 5.

The new regulation 5 prescribes the time within which, and manner in which, an objection to the grant of a PSV operator’s licence must be made and requires a copy of the objection to be sent to the applicant.

These Regulations do not affect objections to an application made before 1st April 1995.

(1)

1981 c. 14. Section 14A is inserted by section 25 of the Transport Act 1985 (c. 67) and section 60(1A) is inserted by section 134(2) of that Act. Section 14A(2A) is inserted by section 60 of the Deregulation and Contracting Out Act 1994 (c. 40). “Prescribed” is defined in section 60(2).

(2)

1992 c. 53.

(3)

S.I. 1986/1668.