Transport Act 1968

Prospective

[F1 Further provisions about operating centres] E+W+S

Textual Amendments

F1 Crossheading inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F2 69EA Periods of review for operating centres. E+W+S

(1) Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder.

(2) The periods of review in relation to an operator’s licence are—

(a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and

(b) each consecutive period of five years.

(3) Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b).

(4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

Textual Amendments

F2 S. 69EA inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F3 69EB Power to remove operating centres on review. E+W+S

(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—

(a) on grounds other than environmental grounds; or

(b) on the ground mentioned in subsection (2) of this section,

for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.

(2) The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.

(3) Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—

(a) by a person such as is mentioned in section 63(3) of this Act; or

(b) by a person who is the owner or occupier of any land in the vicinity of the place in question,

as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.

(4) Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).

Textual Amendments

F3 S. 69EB inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F4 69EC Powers to attach conditions etc. on review. E+W+S

(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct—

(a) that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence;

(b) that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied.

(2) Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection).

(3) Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places).

(4) Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing—

(a) that any vehicle cease to be specified in the licence;

(b) that any maximum number specified in the licence under section 61A of this Act be reduced;

(c) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;

(d) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence.

(5) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section.

Textual Amendments

F4 S. 69EC inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F5 69ED Transfer of operating centres. E+W+S

Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators’ licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.

Textual Amendments

F5 S. 69ED inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

[F6 69F Revocation, etc. of operators’ licences for breach of provisions controlling use of operating centres. E+W+S

(1) Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contraved section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.

(2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.]

Textual Amendments

F6 Ss. 69A–69G inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. I

[F7 69G Provisions supplementary to sections 69A to 69F. E+W+S

(1) Any objection or representations under section 69B or 69D of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.

(2) Any objection or representation under either of those sections with respect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—

(a) may differ for representations from that prescribed for objections; and

(b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) of this Act.

(3) In making any of the following determinations, that is to say—

(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;

the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

(4) In making any such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for or for the variation of, an operator’s license, the licensing authority shall also have regard to—

(a) any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and

(b) any objections or representations duly made under section 69B or 69D.

(5) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.

(6) For the purposes of sections 69D(5)(b) and 69(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any]

Textual Amendments

F7 Ss. 69A–69G inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. I

F8 69H Determinations as to environmental matters: supplementary provisions. E+W+S

(1) In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

(2) The determinations referred to are—

(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;

(b) any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and

(c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.

(3) In making any such determination for the purposes of exercising—

(a) any of his functions in relation to an application for, or for the variation of, an operator’s licence; or

(b) any of his functions under sections 69EA to 69EC of this Act,

the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled.

(4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

(5) Where the licensing authority—

(a) grants an application for, or for the variation of, an operator’s licence; or

(b) having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place,

any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.

Textual Amendments

F8 Ss. 69G, 69H substituted (prosp.) for s. 69G by 1994 c. 40, ss. 57, 82(4), Sch. 13 Pt. I para. 9