Transport Act 1968

Section 65.

SCHEDULE 9 Transport Managers' Licences

Classes of licences

1 There shall be such classes of transport manager's licences as may be prescribed.

Issue of licences

2 (1) An application for a transport manager's licence shall be made to the licensing authority for the area in which the applicant resides or, if he does not reside in any area for which there is a licensing authority, to the licensing authority for the Metropolitan Traffic Area.

(2) A person applying for a transport manager's licence shall give to the licensing authority, in such form as the authority may require, such information as the authority may reasonably require for the discharge of his duties in relation to the application, and in particular such information as he may require with respect to the following matters—

(a) the previous experience (if any) of the applicant in connection with the operation or maintenance of vehicles of any description and the capacity in which that experience was gained;

(b) any transport manager's licence previously held by the applicant and any revocation or suspension of that licence ;

(c) any disqualification imposed on the applicant under paragraph 4(3) of this Schedule ;

(d) any position carrying direct responsibility for the operation and maintenance of goods vehicles which the applicant holds or has been offered.

(3) On an application for a transport manager's licence the licensing authority shall consider whether the following requirements are satisfied in the case of the applicant, that is to say—

(a) that he is a fit person to hold a transport manager's licence ;

(b) that he has such qualifications, experience and knowledge as may be prescribed in relation to the class of licence applied for; and

(c) unless he is exempted from this paragraph by regulations, that he has at some time during the period of ten years ending with the date of the application passed the test prescribed in relation to that class of licence or held a transport manager's licence of that class ;

and, if the licensing authority is of opinion that those requirements are so satisfied, he shall, subject to sub-paragraph (4) of this paragraph, grant the licence applied for.

(4) Until provision is made by regulations in relation to any class of licence for the test mentioned in paragraph (c) of the last foregoing sub-paragraph—

(a) that sub-paragraph shall have effect in relation to any application for a licence of that class as if the said paragraph (c) were omitted ; and

(b) the licensing authority may refuse to grant such a licence unless the applicant holds, or is entitled under a contract to take up, a position carrying direct responsibility for the operation and maintenance of goods vehicles.

(5) In this paragraph references to responsibility for the operation of any vehicles include (without prejudice to the generality of that expression) references to responsibility for securing that the drivers of the vehicles are properly licensed and comply with Part VI of this Act or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960.

Duration of licences

3 (1) Subject to sub-paragraph (2) of this paragraph, a transport manager's licence shall, unless previously revoked, continue in force for five years from the date on which it is expressed to come into force.

(2) If at the date on which such a licence is due to expire, proceedings are pending before the licensing authority on an application by the holder of that licence for the grant to him of a new licence in substitution therefor, the existing licence shall continue in force until—

(a) the application ; and

(b) any appeal under paragraph 5 of this Schedule arising out of the application,

are disposed of, without prejudice however to the exercise in the meantime of the powers conferred by paragraph 4 of this Schedule.

Revocation and suspension

4 (1) Subject to the provisions of this paragraph, any licensing authority may direct that a transport manager's licence be revoked or suspended on the ground that the holder of the licence—

(a) has been convicted of an offence specified in regulations : or

(b) has by his act or omission contributed to the giving of a direction under section 69 of this Act in relation to an operator's licence held by him, by a person in whose employment he is, by a company of which he is a director or by a person in partnership with whom he operated the authorised vehicles ;

and during any time of suspension the transport manager's licence shall be of no effect.

(2) A licensing authority shall not give a direction under sub-paragraph (1) of this paragraph in respect of any licence unless he is satisfied that, owing to the frequency with which the holder of the licence has been guilty of offences, acts or omissions which are grounds for the giving of such a direction or to the facts of the particular case being for any other reason sufficiently serious, such a direction should be given.

(3) Where a licensing authority directs that a transport manager's licence be revoked the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit or until he has, since the date of the order, passed the appropriate test mentioned in paragraph 2(3)(c) of this Schedule, from holding or obtaining any, or any specified class of, transport manager's licence ; and so long as the disqualification is in force—

(a) notwithstanding anything in paragraph 2 of this Schedule, no transport manager's licence or, as the case may be, no such licence of the specified class shall be granted to him and any such licence obtained by him shall be of no effect; and

(b) if he applies for or obtains such a licence he shall be liable on summary conviction to a fine not exceeding £50.

(4) A licensing authority who has made an order under sub-paragraph (3) of this paragraph may, in such circumstances as may be prescribed, cancel that order.

(5) A licensing authority shall not exercise any of his powers under sub-paragraph (1) or (3) of this paragraph in respect of any licence or the holder of any licence without first holding an inquiry, if the holder of the licence requests him to do so.

(6) A licensing authority may direct that any direction or order given or made by him under sub-paragraph (1) or (3) of this paragraph shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this sub-paragraph the holder of the licence may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

Rights of appeal

5 A person who—

(a) being an applicant for a transport manager's licence, is aggrieved by the refusal of the application ; or

(b) being the holder of such a licence, is aggrieved by any direction or order of a licensing authority under paragraph 4(1) or (3) of this Schedule,

may appeal to the Transport Tribunal.

Regulations

6 (1) The Minister may make regulations for any purpose for which regulations may be made under the foregoing provisions of this Schedule and for prescribing anything which may be prescribed thereunder and generally for the purpose of carrying those provisions into effect and may, in particular, by regulations—

(a) make provision with respect to the test mentioned in paragraph 2(3)(c) of this Schedule and, in particular, the nature of the test, the qualifications, selection, appointment and removal of the persons by whom the test may be conducted, and evidence of the results of the test;

(b) require applicants for that test to have such qualifications, experience and knowledge as may be prescribed ;

(c) require the payment of a fee of a prescribed amount by a person who applies for that test and provide for the repayment of any such fee in the prescribed circumstances;

(d) provide for any question whether that test has in any particular case been properly conducted in accordance with the regulations to be determined by a magistrates' court or, in Scotland, the sheriff, and enable the court or the sheriff, on making such a determination, to exercise such powers as may be prescribed;

(e) provide that a person submitting himself for, but failing to pass, that test shall not be eligible to submit himself for another test before the expiration of a prescribed period, except under an order made by a court or sheriff by virtue of paragraph (d) of this sub-paragraph ;

(f) make provision for preventing a person holding more than one transport manager's licence of the same class and for facilitating the identification of holders of such licences;

(g) make provision with respect to applications for and the issue of transport managers' licences ;

(h) make provision with respect to the custody and production of transport managers' licences and require the return to a prescribed licensing authority of any such licence which has expired or been revoked or suspended;

(i) provide for the issue of a new transport manager's licence in place of a licence lost or defaced on payment of the prescribed fee;

and different provision may be made by the regulations for different cases.

(2) Any person who contravenes a provision of regulations under this paragraph, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding £20.

Power to modify foregoing provisions

7 (1) The Minister may by regulations modify the foregoing provisions of this Schedule in any respect, or substitute for any of them such other provisions relating to transport managers' licences as may be specified in the regulations.

(2) Regulations under this paragraph may make different provision for different cases and may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient.

(3) Regulations under this paragraph shall not increase any penalty specified in the foregoing provisions of this Schedule as originally enacted or create any offences other than offences punishable on summary conviction with a fine not exceeding £50 or any lesser amount specified in the regulations.