The Transport Act 1980 (Commencement No. 4) Order 1981

EXPLANATORY NOTE

1.  This Order brings into operation on 1st April 1981 the provisions of the Transport Act 1980 which are specified in Parts I, II, III and IV of the Schedule to this Order. Those provisions are the last remaining provisions of that Act to be brought into force. They relate to—

(a) powers of, and facilities for, the inspection of public service vehicles;

(b) certificates of initial fitness (or equivalent) required for the use of public service vehicles;

(c) power to prohibit the driving of unfit public service vehicles;

(d) PSV operators' licences, including—

(i) their classification,

(ii) their grant and duration,

(iii) conditions attached to them, and

(iv) their revocation and suspension;

(e) the qualifications required of a holder of a PSV operator's licence;

(f) operators' discs to be exhibited on public service vehicles;

(g) relevant convictions to be notified to traffic commissioners;

(h) information to be given to traffic commissioners about vehicles;

(i) appeals to the Minister as regards—

(i) PSV operators' licences,

(ii) certificates of initial fitness, and

(iii) certificates under section 130 of the 1960 Act (type approval);

(j) further appeals on points of law;

(k) the provision by regulations for modifying statutory provisions relating to public service vehicles in their application to the operation of vehicles and the provision of services by persons in partnership;

(l) the permitting by regulations the granting of a road service licence or a PSV operator's licence to an unincorporated body;

(m) provisions as to the death, bankruptcy etc of the holder of a road service licence or PSV operator's licence;

(n) obligatory test certificates for vehicles of such classes as may be prescribed;

(o) fees for the grant of certain licences;

(p) offences by bodies corporate in certain matters;

(q) defences available to persons charged with certain offences;

(r) amendments to certain other Acts;

(s) interpretation;

(t) the substitution of a new section 191 of the Road Traffic Act 1972 (articulated vehicles); and

(u) various repeals.

2.  The transitional provisions contained in Articles 4 to 10 make provisions' as to the following circumstances:—

(a) where proceedings have been started, but not finished, for an offence under section 127(5) of the 1960 Act (causing or permitting a vehicle to be used in contravention of requirement for a public service vehicle licence);

(b) where action has been started, but not finished, under section 128(3) of the 1960 Act (powers to inspect public service vehicles and to enter premises) and where proceedings have been started, but not finished, for an offence under that subsection;

(c) where the process of revoking a certificate of fitness by virtue of section 129(5) of the 1960 Act (compliance with prescribed conditions of fitness) has been started but not finished;

(d) where an application for a certificate of fitness has, pursuant to section 129 of the 1960 Act, been made but no certificate has been issued;

(e) where an order or an application for an order, under section 131(1) of the 1960 Act (dispensation with prescribed conditions of fitness) has been made;

(f) where a duty under section 132(1) or (2) of the 1960 Act (duty to give notice of the happening to a vehicle of a failure or damage of a certain nature, and of certain alterations, to the traffic commissioners) has arisen but is not discharged; and

(g) where the process of suspending a public service vehicle licence under section 133(1) of the 1960 Act has started but not been finished and where such a suspension under that section has not been removed.

3.  The transitional provisions contained in Articles 11 to 14 cater for the use of a vehicle on a road as a stage, express or contract carriage by virtue of a public service vehicle licence during the period commencing on 1st April 1981 and ending on 1st October 1982. In a case where immediately before 1st April 1981 a person is the holder of a public service vehicle licence he may use or cause or permit the vehicle to be used, as a stage, express or contract carriage the vehicle in respect of which the licence was issued until the licence expires, or until that person is granted a PSV operator's licence by virtue of which the vehicle may be so used or caused or permitted to be used, or until 1st October 1982 whichever is the earlier (Article 11(1)). Provisions are made for new public service vehicle licences to be granted to a person during the said period in a case where an existing licence expires, or a new licence is wanted, before that person is granted a PSV operator's licence by virtue of which he can use, or cause or permit to be used, the vehicle as a stage, express or contract carriage (Article 11(2) to (7)). Article 12 postpones, as regards a vehicle in respect of which a public service vehicle licence is in force during the said period, the effect of amendments to certain provisions in the 1960 Act and in Schedule 5 to the Road Traffic Regulation Act 1967 (which relates to speed limits). Article 13 provides for the holder of a PSV operator's licence to use, subject to conditions specified in Article 14, a public service vehicle licence of which he was the holder instead of an operator's disc. Article 15 provides for refunds of proportions of fees paid for public service vehicle licences on their surrender (whether as a result of the grant of a PSV operator's licence or otherwise).

4.  Articles 16 to 19 revoke transitional provisions in the Commencement No. 1 Order and the Commencement No. 2 Order which will cease to be required on 1st April 1981, although the revocations made by Articles 16, 17 and 18 are adapted to cover the case of a vehicle being used as a stage, express or contract carriage by virtue of a public service vehicle licence during the period from 1st April 1981 to 1st October 1982. Article 20 revokes Article 26 of the Commencement No. 2 Order with effect from 1st April 1983 so that on and after that date section 88(3) of the Road Traffic Act 1972 (which relates to the grant of driving licences) shall apply so as to take account of the coming into operation on 6th October 1980 of section 37 of the 1980 Act. Article 21 corrects a minor printing error in the Commencement No. 2 Order.