(1)Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—
(a)any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and
(b)any trailer in the lawful possession of the licence-holder.
(2)An operator’s licence may provide—
(a)that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;
(b)that no trailers are authorised to be used under the licence; or
(c)that no motor vehicle that is not specified in the licence is authorised to be used under it.
(3)In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.
(4)An operator’s licence shall not authorise the use of any [F1heavy goods] vehicle unless the place which is for the time being its operating centre—
(a)is in [F2a traffic area in respect of which] the licence was issued; or
(b)is outside that area but has not been the operating centre of that vehicle for a period of more than three months.
(5)For the purposes of subsection (4)(b), two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.
(6)A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) after the period of one month beginning with—
(a)the day on which the vehicle was first in the lawful possession of the licence-holder, or
[F3(b) has paid the prescribed fee (if any) to a traffic commissioner.]
unless, during that period, the licence-holder has given to [F4a traffic commissioner] a notice in such form and containing such information about the vehicle as [F4is required by a traffic commissioner] , and [F4has paid the prescribed fee (if any) to a traffic commissioner] .
(7)Where notice of a vehicle has been duly given and the prescribed fee [F5 (if any) ] has been duly paid under subsection (6), [F6a traffic commissioner] shall vary the licence by directing that the vehicle be specified in it.
(8)A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.
(9)Where it comes to the knowledge of [F7a traffic commissioner that a vehicle specified in an operator’s licence (“the first licence”)] —
(a)has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or
(b)is specified in another operator’s licence,
he may vary the first licence by directing that the vehicle be removed from it.
Textual Amendments
F1Words in s. 5(4) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 26
F2Words in s. 5(4)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F3Words in s. 5(6)(b) substituted (cond.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F4Words in s. 5(6) substituted (cond.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F5Words in s. 5(7) inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 125(1)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F6Words in s. 5(7) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F7Words in s. 5(9) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Modifications etc. (not altering text)
C1S. 5 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 5(1)