Search Legislation

Goods Vehicles (Licensing of Operators) Act 1995

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Return or disposal of vehicle

 Help about opening options

Changes to legislation:

Goods Vehicles (Licensing of Operators) Act 1995, Cross Heading: Return or disposal of vehicle is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

F1[F2 Return or disposal of vehicleE+W+S

Textual Amendments

F2 Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I

[F38E+W+SRegulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.]

Textual Amendments

F3Sch. 1A para. 8 substituted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 126(2), 134(1)(c), (4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F49(1)Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to [F5a traffic commissioner] for the return of the vehicle.E+W+S

(2)Regulations may, in particular—

(a)require notice of an application to be given to [F6a traffic commissioner] within such period as may be determined in accordance with the regulations, and

(b)require notice of an application to be made in such form as may be prescribed.

(3)Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.

(4)Those grounds may include the following grounds—

(a)that at the time the vehicle was detained the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle),

(b)that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2, or

(c)that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.

Textual Amendments

F4Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

F710(1)Regulations shall make provision—E+W+S

(a)enabling [F8a traffic commissioner] to hold a hearing before determining an application by virtue of paragraph 9,

(b)requiring [F9a traffic commissioner] to hold a hearing if requested by a person who claims to be the owner,

(c)as to the time within which the hearing must be held, and

(d)subject to such provision as may be made by the regulations, for the hearing to be held in public.

(2)Regulations shall also provide that, if no hearing is held, [F10the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received] .

(3)Regulations shall provide that—

(a)if [F11a traffic commissioner] determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;

(b)if [F11a traffic commissioner] determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.

[F1211(1)Regulations shall provide for an appeal to the [F13Upper Tribunal] against the determination of the traffic commissioner.E+W+S

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F12Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), 275(1), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I 2001/115, art. 2)

F1512E+W+SRegulations may provide that, if no application is made to [F16a traffic commissioner] in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.]

Textual Amendments

F15Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources