The Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995

Citation and commencement E+W+S

1.  These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 and shall come into force on 1st January 1996.

Commencement Information

I1 Reg. 1 in force at 1.1.1996, see reg. 1

Interpretation E+W+S

2.—(1) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered section is a reference to the section bearing that number in the Goods Vehicles (Licensing of Operators) Act 1995,

(b) a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(c) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and

(d) a numbered Part or numbered column or numbered fee is a reference to the Part, column or fee bearing that number in the Schedule to these Regulations.

(2) In these Regulations, unless the context otherwise requires the following expressions shall have the same meanings as in the Goods Vehicles (Licensing of Operators) Regulations 1995(1)—

• “application for a licence”, “application for a variation of a licence”, “application” and “licence”.

Commencement Information

I2 Reg. 2 in force at 1.1.1996, see reg. 1

Fees E+W+S

3.—(1) Subject to the subsequent provisions of these Regulations, in relation to a fee number in column 1 of Part I the fee prescribed as regards the subject matter specified in column 2 is the fee specified in relation to that fee number in column 3, and is payable within the time specified in column 4.

(2) In addition to the fee prescribed in relation to fee number (ii) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (v) in Part II.

(3) In addition to the fee prescribed in relation to fee number (iii) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (vi) in Part II.

(4) In addition to the fee prescribed in relation to fee number (iv) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (vii) in Part II.

(5) The period for which the fee is payable in relation to fee numbers (v) and (vi) in Part II is 5 years unless the licence-holder elects, before the licence is issued or continued in force, to pay on an annual basis.

(6) The licence-holder may not revoke his election under paragraph (5) earlier than 30 working days before the time when fee number (vi) in Part II would have been due had that election not been made.

(7) If after a licence has been issued an additional motor vehicle is authorised under section 5(6) to be used or an additional motor vehicle is added to the licence by a variation under section 17, a further fee shall be payable in respect of that motor vehicle and such fee shall be—

(a) calculated in accordance with the applicable charge in column 3 of Part II in relation to fee numbers (v) and (vi), and

(b) shall be paid before the authorisation is given or within 15 working days of the grant of the application for variation, as the case may be.

(8) If the traffic commissioner arranges with the licence holder for administrative purposes to treat a licence as if it were two or more licences, then in relation to fee numbers (ii), (iii) and (iv) in Part I and fee numbers (v), (vi) and (vii) in Part II the fees shall be calculated as if these were two or more licences.

Commencement Information

I3 Reg. 3 in force at 1.1.1996, see reg. 1

Refunds of fees payable in respect of specified motor vehicles E+W+S

4.—(1) If a licence is revoked, suspended or curtailed under sections 26(1) or 27(1) or surrendered or otherwise terminated under the 1995 Act or other enactment, then a sum paid in respect of fee numbers (v) and (vi) in Part II, shall be refunded in respect of—

(a) in the case of a suspended licence, each complete period of 12 months during which the licence is suspended,

(b) in the case of a licence where curtailment involves a reduction in any maximum number of motor vehicles specified under section 6, as respects the number of motor vehicles reduced, each complete period of 12 months which has not begun at the date of curtailment,

(c) in any other case, each period of 12 months which have not begun at the date of termination.

(2) If the licence holder ceases to use under the licence—

(a) 10 or more of the motor vehicles which have been specified in the licence, or

(b) a minimum of 20 per cent of the motor vehicles which have been specified in the licence,

then, subject to paragraphs (3) and (4), a refund of sums paid in respect of fee numbers (v) and (vi) in Part II in relation to those vehicles shall be made.

(3) The payment of a refund under paragraph (2) shall only be made after—

(a) an application in writing for that refund has been made to the traffic commissioner, and

(b) the traffic commissioner has under section 17(1)(b) directed that the motor vehicles for which that refund is claimed cease to be specified in the licence, and

(c) the traffic commissioner has under section 17(1)(b) directed that the maximum number of motor vehicles which shall be specified in the licence for the purpose of section 6 shall be reduced by at least the same number of motor vehicles for which a refund is being sought.

(4) A refund due under paragraph (2) shall only be made in respect of payments made for one or more periods of 12 months which have not begun at the time that all the conditions in paragraph (3) have been satisfied, and for the purposes of calculating the amount which will be refunded under paragraphs (1) or (2) the motor vehicle or vehicles for which a refund is sought shall be treated as if they were at the time of the application under paragraph (3)(a) the motor vehicle or vehicles specified as the first of the motor vehicles on the licence.

Commencement Information

I4 Reg. 4 in force at 1.1.1996, see reg. 1

Credit for unused motor vehicle spaces E+W+S

5.—(1) If a traffic commissioner varies a licence by directing that one or more motor vehicles shall cease to be specified in it, and at the same time or thereafter directs that one or more other motor vehicles shall be specified in that licence, then, in so far as the number of motor vehicles specified in the licence is not greater than the number specified in the licence before the variations were made, a further fee shall not be payable under regulation 3(7).

(2) If a refund under regulation 4(2) is made then, for the purposes of paragraph (1), the number of motor vehicles specified in the licence before the variation shall be taken to be the number specified in that licence after that refund was made.

Commencement Information

I5 Reg. 5 in force at 1.1.1996, see reg. 1

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State

Department of Transport