Conditions attached to licences

Conditions attached to heavy goods vehicle licences for securing road safety.
21
1
On issuing a heavy goods vehicle licence, or on varying such a licence under section 17, a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing heavy goods vehicles that are authorised to be used under it from causing danger to the public—
a
at any point where heavy goods vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and
b
on any road (other than a public road) along which heavy goods vehicles are driven between such a point and the operating centre.
2
On varying a heavy goods vehicle licence under section 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.
3
A traffic commissioner shall not—
a
attach to a heavy goods vehicle licence any condition such as is mentioned in this section, or
b
vary in such manner as imposes new or further restrictions or requirements any condition attached to a heavy goods vehicle licence under this section,
unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner with respect to the effect on his business of the proposed condition or variation.
4
The traffic commissioner shall give special consideration to any representations made under subsection (3) in determining whether to attach the proposed condition or make the proposed variation.
5
In this section “public road”—
a
in relation to England and Wales, means a highway maintainable at the public expense for the purposes of the Highways Act 1980; and
b
in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984.
6
Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
1980 c. 66.
1984 c. 54.
Words in s. 21(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)
Words in s. 21 heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(1)
Words in s. 21(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(2)(a)(i)
Words in s. 21(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(2)(a)(ii)
Words in s. 21(1)(a) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(2)(b)
Words in s. 21(1)(b) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(2)(c)
Words in s. 21(2) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(3)
Words in s. 21(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(4)
Words in s. 21(3)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 39(4)