Transport Act 1968

Supplementary E+W+S

85 Holding companies and subsidiaries. E+W+S

(1) The Minister may by regulations make provision for the purpose of enabling any company, or other body corporate, which has one or more subsidiaries to hold—

(a) an operator’s licence under which the authorised vehicles consist of or include vehicles belonging to or in the possession of any of its subsidiaries;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) Regulations under this section may modify or supplement any of the provisions of this Part of this Act or [F2 Schedule 10] thereto so far as appears to the Minister to be necessary or expedient for the purpose mentioned in subsection (1) of this section or in connection therewith, and may contain such other supplementary and incidental provisions as appear to the Minister to be requisite.

Textual Amendments

F1 S. 85(1)(b) repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II

F2 Words substituted by Transport Act 1982 (c. 49, SIF 126), Sch. 5 para. 6

Yn ddilys o 03/11/1994

[F3 85A Partnerships. E+W+S

Regulations may provide for this Part of this Act to apply in relation to partnerships with such modifications as may be specified in the regulations.]

Textual Amendments

F3 S. 85A inserted (3.11.1994) by 1994 c. 40, ss. 54, 82(3)(e)

86 Operators’ licences and special authorisations not to be transferable. E+W+S

Subject to any provision made by regulations under section 85 of this Act, an operator’s licence. . . F4 shall not be capable of being transferred or assigned, but provision may be made by regulations for treating a person carrying on the trade or business of the holder of an operator’s licence. . . F4 as if he were the holder thereof (for such purposes, for such period and to such extent as may be specified in the regulations), in the event of the death, incapacity, [F5 or bankruptcy of the holder or, in the case of a company, of the holder going into liquidation, of an administration order being made in relation to] the holder, or of the appointment of a receiver or manager in relation to the trade or business.

Textual Amendments

F4 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F5 Words substituted by Insolvency Act 1985 (c. 65, SIF 27), s. 235, Sch. 8 para. 16

87 Inquiries. E+W+S

(1) A licensing authority may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Part of this Act. . . F6

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) Where, as respects the proposed exercise of his powers on any occasion under section 69. . . F8 [F9 or 69F] of this Act, a licensing authority receives a request for an inquiry from two or more persons he may hold a single inquiry in response to both or all of those requests.

(4) Subject to any provision made by regulations, any inquiry held by a licensing authority for the purposes of this Part of this Act. . . F6 shall be held in public.

(5) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—

(a) with the consent of the person for the time being carrying on that trade or business; or

(b) for the purpose of the discharge by any person of his functions under this Part of this Act. . . F6 ; or

(c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Part of this Act. . . F6 (including proceedings before the Transport Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding [F10 level 4 on the standard scale].

Textual Amendments

F6 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F7 Ss. 71(1)–(5)(7)(9)(10), 72–80, 87(2), 94(4)–(6) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F8 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F9 Words inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 5

F10 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

Modifications etc. (not altering text)

C1 S. 87 amended by S.I. 1977/1462, reg. 11(1)

88 Provisions relating to Transport Tribunal. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Ss. 88, 90 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Modifications etc. (not altering text)

C2 S. 88 amended by S.I. 1977/1462, reg. 11(1)

89 Fees. E+W+S

(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of the grant or variation of operators’ licences. . . F12 . . . F13

(2) All fees payable under this Part of this Act. . . F13 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Textual Amendments

F12 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F13 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

90 Appointment and remuneration of officers and servants. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Ss. 88, 90 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Modifications etc. (not altering text)

C3 S. 90 amended by S.I. 1977/1462, reg. 11(1)

91 Regulations and orders for purposes of Part V. E+W+S

(1) The Minister may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may make regulations with respect to the following matters—

(a) the procedure on applications for, and the determination of questions in connection with, the grant and variation of operators’ licences. . . F15 , and the procedure under, and the determination of questions for the purposes of, [F16 sections 69 and 69F] of this Act;

(b) the issue of operators’ licences. . . F15 and the issue on payment of the prescribed fee of copies of such licences. . . F15 in the case of licences. . . F15 lost or defaced;

(c) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being authorised vehicles. . . F15 ;

(d) the custody of operators’ licences. . . F15 , the production, return and cancellation of such licences. . . F15 on expiration or on the giving of a direction under section 69 [F17 or 69F]. . . F15 of this Act, and the custody, production and return of documents and plates;

(e) the notification to the licensing authority of vehicles which have ceased to be used under an operator’s licence. . . F15 ;

(f) the repayment in the prescribed circumstances of fees paid under this Part of this Act;

(g) the circumstances in which goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him;

and different regulations may be made as respects different classes of vehicles.

(2) The power conferred by subsection (1) of this section to make regulations with respect to the means by which vehicles are to be identified as being authorised vehicles. . . F15 shall include power to require that any such means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence. . . F15 is required.

(3) The Minister may by regulations substitute for any weight, distance, volume or area specified by or under this Part of this Act a weight, distance, volume or area expressed in terms of the metric system, being a weight, distance, volume or area which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

(4) The Minister may make regulations—

(a) for providing that any provision of this Part of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed;

(b) . . . F18

and different provision may be made by the regulations for different classes of case.

(5) A definition or description of a class of vehicles for the purposes of any regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

(6) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding [F19 level 1 on the standard scale].

(7) Any order or regulations made by the Minister under this Part of this Act. . . F20 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Before making any regulations under this Part of this Act. . . F20 the Minister shall consult with such representative organisations as he thinks fit.

Textual Amendments

F15 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F16 Words substituted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 6(a)

F17 Words inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 6(b)

F18 S. 91(4)(b) repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II

F19 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F20 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

Modifications etc. (not altering text)

C4 S. 91 amended by S.I. 1977/1462, regs. 3(5), 11(1)(2)

92 Interpretation of Part V. E+W+S

(1) In this Part of this Act. . . F21 , unless the context otherwise requires—

• “articulated combination” means a combination made up of—

(a) a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and

(b) a trailer attached to it as aforesaid:

• “authorised vehicle” means, in relation to an operator’s licence, a vehicle authorised to be used thereunder, whether or not it is for the time being in use for a purpose for which an operator’s licence is required and whether it is specified therein as so authorised or, being of a type so authorised subject to a maximum number, belongs to the holder of the licence or is in his possession under an agreement for hire-purchase, hire or loan;

• “carriage of goods” includes haulage of goods;

• “carrier’s licence” means a licence granted under Part IV of the Act of 1960;

• “contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;

• “driver” means, in relation to a trailer, the driver of the vehicles by which the trailer is drawn and “drive” shall be construed accordingly;

• “goods” includes goods or burden of any description;

• “goods vehicle” means, subject to subsection (5) of this section, a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

• “large goods vehicle” shall be construed in accordance with section 71 of this Act;

• [F22 “operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence];

• [F23 “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent, would be so entitled it it were so let];

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Minister under this Part of this Act;

“subsidiary” means a subsidiary as defined by [F24 section 736 of the Companies Act 1985];

• “vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling;

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

(2) For the purposes of this Part of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

(3) In this Part of this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—

(a) that any one or more of the vehicles specified in the licence be removed therefrom;

(b) that the maximum number of trailers or of motor vehicles specified in the licence in pursuance of section 61(1)(b) or (c) of this Act be reduced;

(c) that the addition of authorised vehicles under the said section 61(1)(c) be no longer permitted.

[F25 (d) that any one or more of the places specified in the licence as operating centres be removed therefrom].

(4) In this Part of this Act, references to the bankruptcy of a person shall, as respects Scotland, be construed as references to an award of sequestration having been made of his estate.

(5) In this Part of this Act. . . F21 references to goods vehicles do not include references to tramcars or trolley vehicles operated under statutory powers within the meaning of [F26 Schedule 4 to the Road Traffic Act 1988].

(6) Anything required or authorised by this Part of this Act to be done to or by a licensing authority by whom a licence. . . F27 was granted may be done to or by any person for the time being acting as licensing authority for the area for which the first-mentioned authority was acting at the time of the granting of the licence. . . F27 .

Textual Amendments

F21 Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6

F22 Definition substituted by Transport Act 1982 (c. 49, SIF 126), s. 52(1)

F23 Definition inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 7(a)

F24 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F25 S. 92(3)(d) added by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 7(b)

F26 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(4)

F27 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

Modifications etc. (not altering text)

C5 S. 92 amended by S.I. 1977/1462, reg. 11(1)