The Traffic Areas (Reorganisation) (Wales) Order 1999

PART III Pending Proceedings

Goods vehicle operators' licences

7.—(1) Subject to sub-paragraph (8) below, where an application has, before the 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 17(1)(g) of the 1995 Act and that place is situated in the South-Wales Traffic Area or in the transferred part of the North-Western Traffic Area, the application shall, as from the reorganisation date, be treated as an application to the traffic commissioner for the Welsh Traffic Area for, as the case requires, either–

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

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

and any application made in connection therewith under section 17 of the 1995 Act shall be dealt with accordingly.

(2) Where–

(a) an application for a goods vehicle operator’s licence, or an application to vary a goods vehicle operator’s licence, made before the reorganisation date falls to be determined after that date; 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 a place which after the reorganisation date will be the Welsh Traffic Area,

references to that application, where after the reorganisation date, the application falls to be determined by more than one traffic commissioner, shall be references to the application as it relates to the traffic commissioner for the Welsh Traffic Area or the North-Western Traffic Area as the case may be.

(3) Where, by virtue of this Order, two 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 8(2) of the 1995 Act shall prevent the traffic commissioner granting an interim licence to the applicant in respect of both or either of those applications.

(4) Sub-paragraph (1) above shall not affect the operation of subsections (2) to (7) of section 19 of the 1995 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 the reorganisation date and sections 8(3) and 12(1)(b) and (4) of the 1995 Act shall not apply to it).

(5) Sub-paragraph (2) above shall not affect the operation of section 8(3) or section 12(1)(b) and (4) of the 1995 Act in relation to any such application as is referred to in that sub-paragraph (and accordingly, notwithstanding sub-paragraph (2) above, those provisions shall continue to apply to the application after the reorganisation date and section 19(2) to (7) shall not apply to it).

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

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

(8) For the purposes of this paragraph, an interim licence is a licence issued under section 24 of the 1995 Act.

PSV operators' licences

8.—(1) An application for a PSV operator’s licence made before the 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) a decision on an application for a new PSV operator’s licence made before the reorganisation date falls by virtue of article 8 of this Order to be determined after that date by the traffic commissioner for the Welsh Traffic Area; and

(b) at the time the decision is made, the applicant holds a PSV operator’s licence in respect of the Welsh Traffic Area (“the existing licence”),

the traffic commissioner for the Welsh Traffic Area shall treat the application as an application for a variation of the existing licence.

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