Public Passenger Vehicles Act 1981 (c. 14)

PART II E+W+S General Provisions Relating to Public Service Vehicles

Modifications etc. (not altering text)

C1Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)

Public service vehicle operators’ licencesE+W+S

16 Conditions attached to licences. E+W+S

(1)[F1Subject to subsection (1A) below and section 12(7) of the Transport Act 1985][F2A traffic commissioner] on granting a PSV operator’s licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the area of [F2that commissioner]) which the holder of the licence may at any one time use under the licence.

[F3(1A)In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.]

(2)Conditions attached under subsection (1) above to a PSV operator’s licence may specify different maximum numbers for different descriptions of vehicle.

(3)[F4A traffic commissioner] may (whether at the time when the licence is granted or at any time thereafter) attach to a PSV operator’s licence granted by [F5him] such conditions or additional conditions as [F4he thinks] fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.

(4)Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator’s licence may stop to take up or set down passengers.

(5)The traffic [F6commissioner] by whom a PSV operator’s licence was granted may at any time while it is in force vary the licence by—

(a)altering in such manner as [F7he thinks] fit any condition attached under subsection (3) above to the licence; or

(b)removing any condition so attached to the licence.

(6)On the application of the holder of a PSV operator’s licence, the traffic [F8commissioner] by whom the licence was granted may at any time while it is in force—

(a)vary the conditions attached under subsection (1) above to the licence; F9. . .

(b)exercise [F8his] powers (whether of alteration or removal) under subsection (5) above; [F10or

(c)vary or remove any undertaking recorded in the licence;]

and a person making an application under this subsection shall give to the traffic [F8commissioner] such information as [F8he] may reasonably require for the discharge of [F8his] duties in relation to the application.

[F11(6A)In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(6B)In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.]

(7)Subject to section 68(3) of this Act, if a condition attached to a PSV operator’s licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding [F12level 3 on the standard scale].

(8)Compliance with any condition attached to a PSV operator’s licence . . . F13[F14(other than a condition so attached under subsection (1A) above)] may be temporarily dispensed with by the traffic [F15commissioner] by whom the licence was granted if [F16he is] satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.

(9)It is hereby declared that the conditions attached under subsection (1) [F17or (1A)] above to a PSV operator’s licence granted by the traffic [F18commissioner] for any area do not affect the use by the holder of the licence of a vehicle—

(a)under a PSV operator’s licence granted to him by the traffic [F18commissioner] for another area; or

(b)in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).

Textual Amendments

F1Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(4)

F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(a)

F3S. 16(1A) inserted by Transport Act 1985 (c. 67, SIF 126), s. 24(1)(a)

F4Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(b)

F5Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(b)

F6Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(c)

F7Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(c)

F8Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(7)(d)

F9Word “or” in s. 16(6) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 4, Sch. 17; S.I. 1995/2835, art. 2

F10S. 16(6)(c) and the word “or” immediately preceding it inserted (1.1.1996) by 1994 c. 40, s. 59(4); S.I. 1995/2835, art. 2

F11S. 16(6A)(6B) inserted (1.1.1996) by 1994 c. 40, s. 59(5); S.I. 1995/2835, art. 2