SCHEDULES

F1SCHEDULE 2ADetention of certain PSVs used without PSV operators' licences

Annotations:
Amendments (Textual)
F1

Sch. 2A inserted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Interpretation

1

1

In this Schedule—

  • “authorised person” means—

    1. a

      an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or

    2. b

      a person acting under the direction of such an examiner;

  • “contents”, in relation to a vehicle, means any goods carried by that vehicle which are not personal effects;

  • “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984;

  • “nominated custodian” is to be construed in accordance with paragraph 6(1) below;

  • “operator”, in relation to a public service vehicle, means—

    1. a

      the driver, if he owns the vehicle, or

    2. b

      in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do the work),

    but this is subject to any regulations that may be made under sub-paragraph (2)(a) below;

  • “personal effects” means—

    1. a

      any personal effects of any individual, and

    2. b

      any articles being carried by a vehicle for the purpose of their delivery from one person to another.

2

Regulations may make provision for any purpose of this Schedule or regulations under it as to—

a

the person who is to be regarded as the “operator” of a public service vehicle in such circumstances as may be specified or described in the regulations;

b

the meaning of “owner” as regards a public service vehicle.

3

Regulations made by virtue of sub-paragraph (2)(b) above may, in particular, provide that the owner of a motor vehicle at a particular time is to be taken to be any person in whose name the vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994.