PART II

General Provisions Relating to Public Service Vehicles

Public service vehicle operators’ licences

Duty to inform traffic commissioners of relevant convictions etc.
19
1
A person who has applied for a PSV operator’s licence shall forthwith notify the traffic commissioner dealing with the application if, in the interval between the making of the application and the date on which it is disposed of, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.
2
It shall be the duty of the holder of a PSV operator’s licence to give notice in writing to a traffic commissioner of—
a
any relevant conviction of the holder; and
b
any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder’s road passenger transport business,
and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder’s knowledge in any other case.
2A
For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.
3
It shall be the duty of the holder of a PSV operator’s licence within 28 days of the occurrence of—
a
the bankruptcy or liquidation of the holder, or the sequestration of his estate or the entry into administration of the holder or the appointment of a receiver, manager or trustee of his road passenger transport business; or
aa
the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or
b
any change in the identity of the transport manager of the holder’s road passenger transport business,
to give notice in writing of that event to a traffic commissioner.
4
On granting or varying a
PSV
operator’s licence, or at any time after the grant or variation of such a licence, a traffic commissioner may require the holder of the licence to inform a traffic commissioner forthwith, or within a specified period, of any specified material change in any of the holder’s circumstances which were relevant to the grant or variation of the licence.
4A
In subsection (4) “specified” means specified by the traffic commissioner imposing the requirement to inform.
5
Subject to section 68(1) of this Act, a person who fails to comply with subsection (1), (2) or (3) above or with any requirement under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
S. 19 excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)
S. 19(1) amended by S.I. 1986/1628, reg. 5(1), Sch.
Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(10)(a)
S. 19(2) amended by S.I. 1986/1628, reg. 5(1), Sch.
S. 19(3) amended by S.I. 1986/1628, reg. 5(1), Sch.
Words inserted by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 34, Sch. 9 para. 11(2)
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
Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)
Words in s. 19(3)(a) substituted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 1(1), Sch. para. 4 (with art. 6)
S. 19(2A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 7(2), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)
S. 19(3)(aa) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 13(2) (with art. 5)
Words in s. 19(1) 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)
Words in s. 19(2)(3) 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)
S. 19(4)(4A) substituted for s. 19(4) (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)