Public Passenger Vehicles Act 1981 (c. 14)

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

Modifications etc. (not altering text)

C1 Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)

Fitness of public service vehicles E+W+S

6 Certificate of initial fitness (or equivalent) required for use as public service vehicles. E+W+S

(1) [F1 Subject to subsection (1ZA) below,] A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—

(a) [F2 an examiner appointed under section 66A of the Road Traffic Act 1988][F3 or an authorised inspector] has issued a certificate (in this Act referred to as a “certificate of initial fitness”) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle; or

(b) a certificate under section 10 of this Act has been issued in respect of the vehicle; or

[F4 (d) one of the following certificates has effect with respect to the vehicle―

(i) an [F5 EU certificate of conformity];

(ii) a national small series certificate of conformity;

(iii) an individual approval certificate.]

[F6 (1ZA) In the case of a public service vehicle to which subsection (1ZB) below applies, subsection (1) above has effect as if paragraphs (a) and (b) of that subsection were omitted.

(1ZB) This subsection applies to any public service vehicle which, by virtue of [F7 regulation 21] of the Approval Regulations, may not—

(a) be granted a first licence under section 21 of the Vehicle Excise and Registration Act 1994, or

(b) be registered before the issue of a first licence under that section,

unless one of the certificates mentioned in paragraph (d) of subsection (1) above has effect with respect to the vehicle.]

[F8 (1A) Without prejudice to the powers of the Secretary of State under section 7 of this Act in relation to the exercise by certifying officers of their functions, regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.]

(2) Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F9 level 4 on the standard scale].

[F10 (3) In this section—

• “Approval Regulations” means the Road Vehicles (Approval) Regulations 2020;

• “EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

• “individual approval certificate” means a certificate issued under regulation 18(10) of the Approval Regulations;

• “national small series certificate of conformity” means a certificate issued under regulation 16(7) of the Approval Regulations.]

Textual Amendments

F1 Words in s. 6(1) inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), regs. 1, 2(2)(a)

F2 Words in s. 6(1)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.14; S.I. 1992/1286, art. 2,Sch.

F3 Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(3)(d), 76(2)

F4 S. 6(1)(d) substituted for s. 6(1)(c) (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), regs. 1, 2(2)(b)

F5 Words in s. 6(1)(d)(i) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 1(2) (with Sch. 4 paras. 16, 17)

F6 S. 6(1ZA)(1ZB) inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), regs. 1, 2(3)

F7 Words in s. 6(1ZB) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 1(3) (with Sch. 4 paras. 16, 17)

F8 S. 6(1A) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(8), 76(2)

F9 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F10 S. 6(3) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 1(4) (with Sch. 4 paras. 16, 17)

Modifications etc. (not altering text)

C2 S. 6(1A) extended (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(11)(b), 76(2)