(1)Where, in pursuance of the powers conferred by section 32 of this Act, a local authority provides a parking place which may be used by public service vehicles, then, subject to Parts I to III and Part V of Schedule 9 to this Act, the local authority may, if they think fit,—
(a)by order appoint that parking place as a station for, or for a specified class of, public service vehicles;
(b)in England or Wales by regulation, and in Scotland by order, declare that section [F135A(5)] of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.
(2)A local authority by whom a parking place is appointed under this section as a station for public service vehicles may—
(a)do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories and other similar accommodation in connection with it;
(b)make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and
(c)make regulations as to the use of any such accommodation.
(3)Subject to subsection (4) below, a local authority shall have power to make such reasonable charges for the use of a parking place (not being part of a [F2road]) as a station for public service vehicles as may be fixed by the local authority.
(4)If the holder of a PSV operator’s licence in respect of any vehicles using the parking place as a station considers that the charges fixed under subsection (3) above are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction of them, the charges in respect of those vehicles shall be such as may be determined by [F3the appropriate traffic [F4commissioner][F3a traffic commissioner]].
(5)The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 32 and 33(1) of this Act.
(6)The purposes of this section shall be purposes for which a local authority may borrow.
(7)In this section—
(a)[F5“the appropriate traffic [F4commissioner]” means the [F4commissioner] for any traffic area constituted for the purposes of the M1Public Passenger Vehicles Act 1981 in which the area or any part of the area of the local authority is situated; and]
(b)“PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of the said Act of 1981.
Textual Amendments
F1 “35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 1
F2Word in s. 38(3) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(17) and substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.42; S.I. 1991/2288, art. 3,Sch.
F3Words in s. 38(4) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
F4Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 6
F5S. 38(7)(a) omitted (E.W.) (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Modifications etc. (not altering text)
C1S. 38 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 paras. 6(3), 12 and by Transport Act 1985 (c. 67, SIF 126), s. 82
Marginal Citations
M11981 c. 14(107:1).