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Goods Vehicles (Licensing of Operators) Act 1995
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Goods Vehicles (Licensing of Operators) Act 1995, Section 23 is up to date with all changes known to be in force on or before 24 April 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.
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- s. 5(6)(6A) substituted for s. 5(6) by 2000 c. 38 s. 263
23 Conditions [F1attached to heavy goods vehicle licences] as to use of operating centres.E+W+S
(1)On issuing [F2a heavy goods vehicle] licence, or on varying such a licence on an application of which notice has been published under section 17(3), a traffic commissioner may attach to the licence such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place [F3in the traffic area to which the licence relates] as an operating centre of the licence-holder.
(2)The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—
(a)the number, type and size of [F4heavy goods vehicles] which may at any one time be at any operating centre of the licence-holder F5... for any prescribed purpose;
(b)the parking arrangements to be provided [F6for heavy goods vehicles] at or in the vicinity of any such centre; and
(c)the hours at which operations of any prescribed description may be carried on at any such centre.
(3)On varying [F7a heavy goods vehicle] licence on an application of which notice has been published under section 17(3), a traffic commissioner may vary or remove any condition attached to the licence under this section.
(4)[F8A traffic commissioner] shall not—
(a)attach any condition such as is mentioned in this section to [F9a heavy goods vehicle] licence, or
(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to [F10a heavy goods vehicle] licence under this section,
[F8unless 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.
(5)The traffic commissioner shall give special consideration to any representations made under subsection (4) in determining whether to attach the proposed condition or make the proposed variation.
(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.
Textual Amendments
F1Words in s. 23 heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(1)
F2Words in s. 23(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(2)
F3Words in s. 23(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)
F4Words in s. 23(2)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(3)(a)
F5Words in s. 23(2)(a) repealed (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)
F6Words in s. 23(2)(b) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(3)(b)
F7Words in s. 23(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(4)
F8Words in s. 23(4) 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)
F9Words in s. 23(4)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(5)
F10Words in s. 23(4)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 41(5)
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