Office of Public Sector Information

27 Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26

(1)Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry if he has, within the prescribed period, received a request for an inquiry from the holder of, or (as the case may be) applicant for, the licence.

(2)Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay.

(3)Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, he shall hold one as soon as is reasonably practicable if the holder of the licence has, before the end of such period as may be prescribed, asked him to do so.

(4)For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act.

(5)Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act.

28 Power to disqualify PSV operators

(1)Where the traffic commissioner for any traffic area revokes a PSV operator’s licence, he may order the former holder to be disqualified, indefinitely or for such period as he thinks fit, from holding or obtaining a PSV operator’s licence.

(2)So long as a disqualification imposed under subsection (1) above is in force with respect to any person,

[F1(a)any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and

(b)notwithstanding section 14(4) of the 1981 Act, no PSV operator’s licence may be granted to him.]

[F2(2A)If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void.]

(3)An order under subsection (1) above may be limited so as to apply only to the holding or obtaining of a PSV operator’s licence in respect of the area of one or more specified traffic commissioners and, if the order is so limited, subsection (2) above shall apply only to any PSV operator’s licence to which the order applies.

(4)Where a traffic commissioner makes an order under subsection (1) above with respect to any person, he may direct that if that person, at any time during such period as he may specify—

(a)is a director of, or holds a controlling interest in—

(i)a company which holds a licence of the kind to which the order applies; or

(ii)a company of which a company which holds such a licence is a subsidiary; or

(b)operates any public service vehicles in partnership with a person who holds such a licence;

the powers under section 17(2) of the 1981 Act (revocation, suspension, etc., of PSV operators’ licences) shall be exercisable in relation to that licence by the traffic commissioner by whom it was granted.

(5)The powers conferred by this section in relation to the person who was the holder of a licence shall be exercisable also—

(a)where that person was a company, in relation to any officer of that company; and

(b)where that person operated the vehicles used under the licence in partnership with other persons, in relation to any of those other persons[F3and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection.]

(6)A traffic commissioner shall not make any such order or give any such direction without first holding an inquiry if any person affected by the proposed order or direction requests him to do so.

[F4(6A)The traffic commissioner by whom any order disqualifying a person was made under subsection (1) above may at any time—

(a)cancel that order together with any direction that was given under subsection (4) above when the order was made;

(b)cancel any such direction; or

(c)with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).]

(7)For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital.

29 Duty to give Secretary of State information about certain matters

In subsections (1) and (2) of section 20 of the 1981 Act (which require the holder of a PSV operator’s licence to inform the traffic commissioners of certain kinds of failure of, or damage or alteration to, a public service vehicle owned by him), for the words “traffic commissioners who granted the licence” there shall be substituted the words “Secretary of State”.

30 Plying for hire by large public service vehicles

(1)A public service vehicle which is adapted to carry more than eight passengers shall not be used on a road in plying for hire as a whole.

(2)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

31 Appeals under the 1981 Act

For sections 50 and 51 of the 1981 Act (appeals) there shall be substituted the following sections—

“50 Appeals to the Transport Tribunal

(1)An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Transport Tribunal against any decision of the traffic commissioner—

(a)to refuse to grant the licence in accordance with the application; or

(b)to attach any condition to the licence otherwise than in accordance with the application.

(2)Where a person who has applied for a new PSV operator’s licence in substitution for a licence held by him and in force at the date of his application appeals to the Transport Tribunal under subsection (1) above, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of this Act.

(3)Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Transport Tribunal.

(4)The holder of a PSV operator’s licence may appeal to the Transport Tribunal against any decision of the traffic commissioner—

(a)to refuse his application for the variation or removal of any condition attached to the licence;

(b)to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or

(c)to revoke or suspend the licence or to curtail its period of validity.

(5)Where—

(a)the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or

(b)any person in respect of whom any such order or direction has been made or given;

is aggrieved by the order or direction he may appeal to the Transport Tribunal.

(6)The traffic commissioner—

(a)making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;

(b)making any such order or giving any such direction as is mentioned in subsection (5) above;

may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Transport Tribunal and, if an appeal is made, until it is disposed of.

(7)Where a traffic commissioner has given a direction under subsection (6) above he may withdraw it at any time.

(8)If the traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Transport Tribunal and the Transport Tribunal shall give their decision on the application within fourteen days.

(9)This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).

51 Appeals to the Secretary of State

(1)A person applying for—

(a)a certificate of initial fitness under section 6 of this Act; or

(b)a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

may appeal to the Secretary of State against the refusal of a certifying officer to issue such a certificate.

(2)Where the refusal by a certifying officer or public service vehicle examiner to remove a prohibition under subsection (1) of section 9 of this Act (including a prohibition under that subsection as it applies by virtue of section 9A of this Act) has been referred to a certifying officer (“the referee”) under subsection (8) of that section by a traffic commissioner, any person aggrieved by the refusal of the referee to remove the prohibition may appeal to the Secretary of State.

(3)An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.

(4)On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the certifying officer for giving effect to his decision; and it shall be the duty of the certifying officer to comply with any such directions.”

Miscellaneous

32 Repeal of sections 28, 47 and 48 of the 1981 Act

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Extension of safety controls to certain passenger vehicles other than public service vehicles

The following section shall be inserted in the 1981 Act after section 9 (prohibition on driving unfit public service vehicle following inspection under section 8)—

“9A Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles

(1)Section 8 of this Act shall apply, with the omission of subsection (1)(b), to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.

(2)Section 9 of this Act shall apply to any such motor vehicle as it applies to a public service vehicle with the omission of subsection (4).”