Functions of traffic commissioners

1 Functions of traffic commissioners

(1) The traffic commissioner for any traffic area constituted for the purposes of the [1981 c. 14.] Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Act.

(2) In the exercise of his functions under this Act a traffic commissioner shall act under the general directions of the Secretary of State.

Operators' licences

2 Obligation to hold operator’s licence

(1) Subject to subsection (2) and section 4, no person shall use a goods vehicle on a road for the carriage of goods—

(a) for hire or reward, or

(b) for or in connection with any trade or business carried on by him,

except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator’s licence”.

(2) Subsection (1) does not apply to—

(a) the use of a small goods vehicle within the meaning given in Schedule 1;

(b) the use of a goods vehicle for international carriage by a haulier established in a member State other than the United Kingdom and not established in the United Kingdom;

(c) the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain; or

(d) the use of a vehicle of any class specified in regulations.

(3) In subsection (2)(b) and (c) “established”, “haulier” and “international carriage” have the same meaning as in [O.J. No. L95.] Community Council Regulation (EEC) No.881/92 dated 26 March 1992 concerning access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States.

(4) It is hereby declared that, for the purposes of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.

(5) A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

3 “Standard” and “restricted” licences

(1) An operator’s licence may be either a standard licence or a restricted licence.

(2) A standard licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods—

(a) for hire or reward, or

(b) for or in connection with any trade or business carried on by the holder of the licence.

(3) A restricted licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.

(4) Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—

(a) a subsidiary of the first company,

(b) a holding company for the first company, or

(c) a subsidiary of a company which is a holding company both for that subsidiary and for the first company.

(5) A standard licence may authorise a goods vehicle to be used for the carriage of goods—

(a) on both national and international transport operations; or

(b) on national transport operations only.

(6) Except as provided in subsection (4) and subject to section 4, a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

(7) A person who uses a goods vehicle for carrying goods for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

4 Temporary exemptions

(1) A traffic commissioner may, for the purpose of—

(a) enabling an emergency to be dealt with, or

(b) enabling some other special need to be met,

by notice in writing grant to any person falling within subsection (2) a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed on him by sections 2 and 3 in respect of any vehicle specified in the notice or any vehicle of a class so specified.

(2) A person falls within this subsection if he is engaged exclusively in national transport operations which have only a minor impact on the transport market because of the nature of the goods carried or the short distances over which goods are carried.

(3) A temporary exemption granted under subsection (1) permits the person to whom it is granted to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for hire or reward for the purposes of transport operations of his such as are referred to in subsection (2) (and, accordingly, sections 2(1) and 3(6) shall not to that extent apply to that person’s use of goods vehicles).

(4) A temporary exemption has effect until consultations with the European Commission for the purposes of Article 2(2) of the 1974 Council Directive are completed.

Vehicles authorised to be used under a licence

5 Vehicles authorised to be used under operator’s licence

(1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—

(a) any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and

(b) any trailer in the lawful possession of the licence-holder.

(2) An operator’s licence may provide—

(a) that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;

(b) that no trailers are authorised to be used under the licence; or

(c) that no motor vehicle that is not specified in the licence is authorised to be used under it.

(3) In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.

(4) An operator’s licence shall not authorise the use of any vehicle unless the place which is for the time being its operating centre—

(a) is in the area of the traffic commissioner by whom the licence was issued; or

(b) is outside that area but has not been the operating centre of that vehicle for a period of more than three months.

(5) For the purposes of subsection (4)(b), two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.

(6) A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) after the period of one month beginning with—

(a) the day on which the vehicle was first in the lawful possession of the licence-holder, or

(b) (if later) the day on which the licence came into force,

unless, during that period, the licence-holder has given to the traffic commissioner by whom the licence was issued a notice in such form and containing such information about the vehicle as the commissioner may require, and has paid to him a prescribed fee.

(7) Where notice of a vehicle has been duly given and the prescribed fee has been duly paid under subsection (6), the traffic commissioner shall vary the licence by directing that the vehicle be specified in it.

(8) A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.

(9) Where it comes to the knowledge of the traffic commissioner by whom an operator’s licence (“the first licence”) was issued that a vehicle specified in that licence—

(a) has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or

(b) is specified in another operator’s licence,

he may vary the first licence by directing that the vehicle be removed from it.

6 Maximum numbers of vehicles

(1) An operator’s licence—

(a) shall specify a maximum number for motor vehicles, and

(b) may specify a maximum number for motor vehicles whose relevant weight exceeds a weight specified in the licence.

(2) An operator’s licence that does not contain a provision such as is mentioned in section 5(2)(b)—

(a) shall specify a maximum number for trailers, and

(b) may specify a maximum number for trailers whose relevant weight exceeds a weight specified in the licence.

(3) The number of motor vehicles which at any one time are being used under an operator’s licence while not specified in that licence may not exceed the maximum number specified in the licence under subsection (1)(a) less however many motor vehicles are specified in the licence.

(4) Where, under subsection (1)(b), an operator’s licence specifies a maximum number for motor vehicles whose relevant weight exceeds a specified weight—

(a) the number of such motor vehicles which at any one time are being used under the licence while not specified in it may not exceed that maximum number less however many motor vehicles whose relevant weight exceeds the specified weight are specified in the licence, and

(b) the number of such motor vehicles that are specified in the licence and are being used under it at any one time may not exceed that maximum number.

(5) The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a).

(6) Where, under subsection (2)(b), an operator’s licence specifies a maximum number for trailers whose relevant weight exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

(7) The definition of “relevant weight” in section 5(3) applies for the purposes of this section as it applies for the purposes of section 5(2).

(8) If subsection (3), (4)(a) or (b), (5) or (6) is contravened, the licence-holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Operating centres

7 Operating centres to be specified in operators' licences

(1) A person may not use a place in the area of any traffic commissioner as an operating centre for vehicles authorised to be used under any operator’s licence issued to him by that commissioner unless that place is specified as an operating centre of his in that licence.

(2) Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) In this Act “operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for vehicles used under that licence.

Applications for licences

8 Applications for operators' licences

(1) An application for an operator’s licence shall be made to the traffic commissioner for each area in which, if the licence is issued, the applicant will have an operating centre or operating centres.

(2) Accordingly, a person may hold separate operators' licences in respect of different areas; but he shall not at any time hold more than one such licence in respect of the same area.

(3) A person applying for an operator’s licence shall give to the traffic commissioner a statement—

(a) containing such particulars as the commissioner may require of the motor vehicles proposed to be used under the licence and stating the number and type of any trailers proposed to be used under the licence; and

(b) containing such particulars as the commissioner may require of each place in the area of the commissioner which will be an operating centre of the applicant if the licence is issued.

(4) A person applying for an operator’s licence shall also give to the traffic commissioner any further information which the commissioner may reasonably require for the discharge of his duties in relation to the application, and in particular shall, if required by the commissioner to do so, give to him any of the information specified in paragraph 1 of Schedule 2.

(5) Without prejudice to subsection (4), a person applying for an operator’s licence shall also, if required by the traffic commissioner to do so, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for vehicles used under the licence, of any place referred to in the statement under subsection (3)(b).

(6) Any statement, information or particulars to be given to a traffic commissioner under this section shall be given in such form as the commissioner may require.

9 Convictions etc. subsequent to the making of an application

(1) A person who has made an application for an operator’s licence shall forthwith notify the traffic commissioner to whom it was made if, in the interval between the making of the application and the date on which it is disposed of, there occurs a notifiable conviction within the meaning given in paragraph 4 of Schedule 2.

(2) A person who—

(a) has made an application for a standard licence, and

(b) has included in that application particulars of a transport manager,

shall forthwith notify the traffic commissioner to whom the application was made if, in the interval between the making of the application and the date on which it is disposed of, there occurs any event affecting any information about the transport manager given to the commissioner under section 8.

(3) A person is guilty of an offence if he—

(a) knowingly fails to comply with subsection (1), or

(b) knowingly fails to comply with subsection (2) in a case where the event which occurs as mentioned in that subsection is the conviction of the transport manager of an offence such as is mentioned in paragraph 5 of Schedule 2;

and a person who is guilty of an offence under paragraph (a) or (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) For the purposes of this section an application shall be taken to be disposed of—

(a) in a case where the traffic commissioner is required, by virtue of regulations under section 57(2)(a), to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and

(b) in any other case, on the date on which the applicant receives notice from the traffic commissioner of his decision on the application.

10 Publication by traffic commissioner of notice of application for licence

(1) A traffic commissioner shall publish in the prescribed manner notice of any application for an operator’s licence made to him.

(2) The notice shall state—

(a) the time within which, and

(b) the manner in which,

any objection to, or representations against, the grant of the application is or are to be made under section 12 (that is to say, the time and manner prescribed under subsection (6) or, as the case may be, (7) of that section).

11 Publication in locality affected of notice of application for licence

(1) Subject to subsection (3), the traffic commissioner to whom an application for an operator’s licence is made shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application.

(2) This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(3) The traffic commissioner is not required by this section to refuse an application if—

(a) he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and

(b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(4) For the purposes of this section a locality is affected by an application for an operator’s licence if it contains any place in the area of the traffic commissioner that will be an operating centre of the licence-holder if the application is granted.

12 Objections to, and representations against, issue of operators' licences

(1) Any of the persons mentioned in subsection (2) may make an objection to the grant of an application for an operator’s licence on the ground—

(a) that any of the requirements of section 13 are not satisfied in the case of the application; or

(b) that any place in the traffic commissioner’s area which, if the licence is issued, will be an operating centre of the holder of the licence will be unsuitable on environmental grounds for use as such.

(2) The persons who may make such an objection are—

(a) a prescribed trade union or association;

(b) a chief officer of police;

(c) a local authority; and

(d) a planning authority.

(3) The trade unions and associations which may be prescribed for the purposes of subsection (2)(a) are trade unions or associations whose membership consists of or includes—

(a) persons holding operators' licences, or

(b) employees of any such persons.

(4) Where an application for an operator’s licence is made, any person who is the owner or occupier of land in the vicinity of any place in the traffic commissioner’s area which, if the licence is issued, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as such.

(5) A person may not make representations under subsection (4) unless any adverse effects on environmental conditions arising from the use of the place in question as an operating centre of the holder of the licence would be capable of prejudicially affecting the use or enjoyment of the land mentioned in that subsection.

(6) Any objection under subsection (1)(a) shall be made—

(a) within the prescribed time; and

(b) in the prescribed manner.

(7) Any objection under subsection (1)(b) or representations under subsection (4) shall be made—

(a) within the prescribed time after the making of the application to which they relate; and

(b) in the prescribed manner.

(8) Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.

(9) Any objection under subsection (1) shall contain—

(a) in the case of an objection under paragraph (a), particulars of the ground on which it is made, and

(b) in the case of an objection under paragraph (b), particulars of any matters alleged by the person making the objection to be relevant to the issue to which it relates.

(10) Any representations under subsection (4) shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate.

(11) In subsection (1) the reference to “the requirements of section 13” is a reference—

(a) in the case of an application for a standard licence, to the requirements of subsections (3), (5) and (6) of that section; and

(b) in the case of an application for a restricted licence, to the requirements of subsections (4), (5) and (6) of that section.

(12) In this section—

• “local authority” means—

(a) as respects England, the council of a county, district or London borough and the Common Council of the City of London;

(b) as respects Wales, the council of a county or county borough; and

(c) as respects Scotland, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;

• “planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is—

(a) in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the [1990 c. 8.] Town and Country Planning Act 1990 (general planning control); and

(b) in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (general planning control); and

• “trade union” has the same meaning as in the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992;

and, in relation to any application for an operator’s licence, references to the traffic commissioner are references to the traffic commissioner to whom the application has been made.

Determination of applications

13 Determination of applications for operators' licences

(1) Subject to sections 11 and 45(2), on an application for a standard licence a traffic commissioner shall consider—

(a) whether the requirements of subsections (3) and (5) are satisfied, and

(b) if he thinks fit, whether the requirements of subsection (6) are satisfied.

(2) Subject to sections 11 and 45(2), on an application for a restricted licence a traffic commissioner shall consider—

(a) whether the requirements of subsections (4) and (5) are satisfied, and

(b) if he thinks fit, whether the requirements of subsection (6) are satisfied.

(3) For the requirements of this subsection to be satisfied the traffic commissioner must be satisfied that the applicant fulfils the following requirements, namely—

(a) that he is of good repute,

(b) that he is of the appropriate financial standing, and

(c) that he is professionally competent;

and the traffic commissioner shall determine whether or not that is the case in accordance with Schedule 3.

(4) For the requirements of this subsection to be satisfied the applicant must not be unfit to hold an operator’s licence by reason of—

(a) any activities or convictions of which particulars may be required to be given under section 8(4) by virtue of paragraph 1(e) or (f) of Schedule 2, or

(b) any conviction required to be notified in accordance with section 9(1).

(5) For the requirements of this subsection to be satisfied it must be possible (taking into account the traffic commissioner’s powers under section 15(3) to issue a licence in terms that differ from those applied for) to issue a licence on the application in relation to which paragraphs (a) to (e) will apply—

(a) there are satisfactory arrangements for securing that—

(i) Part VI of the [1968 c. 73.] Transport Act 1968 (drivers' hours), and

(ii) the applicable Community rules, within the meaning of that Part,

are complied with in the case of the vehicles used under the licence;

(b) there are satisfactory arrangements for securing that the vehicles used under the licence are not overloaded;

(c) there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;

(d) at least one place in the traffic commissioner’s area is specified in the licence as an operating centre of the licence-holder, and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);

(e) the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.

(6) For the requirements of this subsection to be satisfied the provision of such facilities and arrangements as are mentioned in subsection (5)(c) must not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.

(7) In considering whether any of the requirements of subsections (3) to (6) are satisfied, the traffic commissioner shall have regard to any objection duly made under section 12(1)(a) in respect of the application.

(8) In considering whether the requirements of subsection (5) are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(9) In considering whether subsection (5)(d) will apply in relation to a licence, the traffic commissioner may take into account any conditions that could be attached to the licence under section 21, and may assume that any conditions so attached will not be contravened.

(10) In considering whether subsection (5)(d) or (e) will apply in relation to a licence, the traffic commissioner may take into account (if that is the case) that any proposed operating centre of the applicant would be used—

(a) as an operating centre of the holders of other operators' licences as well as of the applicant; or

(b) by the applicant or by other persons for purposes other than keeping vehicles used under the licence.

(11) If the traffic commissioner determines that any of the requirements that he has taken into consideration in accordance with subsection (1) or (2) are not satisfied he shall refuse the application, but in any other case he shall, subject to sections 14 and 45(2), grant the application.

14 Determinations where objections etc are made on environmental grounds

(1) This section applies to any application for an operator’s licence in respect of which—

(a) any objection is duly made under section 12(1)(b), or

(b) any representations are duly made under section 12(4).

(2) A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place in his area which, if the licence were issued, would be an operating centre of the holder of the licence—

(a) the parking of vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or

(b) the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds.

(3) The traffic commissioner may not refuse an application for an operator’s licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if—

(a) on the date the application was made, that place was already specified in an operator’s licence issued by the commissioner as an operating centre of the holder of that licence, or

(b) the applicant has produced to the commissioner a certificate in force in respect of that place under—

(i) section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990, or

(ii) section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful.

(4) Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in an operator’s licence as an operating centre of the holder of that licence.

(5) A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in an operator’s licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in an operator’s licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—

(a) the operator’s licence in which that place was specified was an interim licence issued under section 24; or

(b) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(c) such conditions relating to—

(i) the exercise of the right of any person to appeal against a place being specified in an operator’s licence, or

(ii) the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(6) Where in the case of any application for an operator’s licence—

(a) the traffic commissioner has power to refuse the application under subsection (2), and

(b) any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his,

the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre.

(7) For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.

15 Issue of operators' licences

(1) Subject to subsection (2) and to sections 14(6), 21, 22, 23 and 45(2), on granting an application for an operator’s licence a traffic commissioner shall issue that licence in the terms applied for.

(2) If a traffic commissioner has determined that any of the requirements of subsection (5) or (6) of section 13 that he has taken into consideration in accordance with subsection (1) or (as the case may be) (2) of that section would not be satisfied unless he were to exercise any of his powers under subsection (3) below, he shall exercise those powers accordingly.

(3) A traffic commissioner may issue the licence in terms that differ from the terms applied for in any of the following respects—

(a) more or fewer motor vehicles are specified in the licence;

(b) different motor vehicles are specified in it;

(c) it includes a provision such as is mentioned in section 5(2);

(d) it includes a provision such as is mentioned in section 6(1)(b) or (2)(b);

(e) higher or lower maximum numbers are specified in it under section 6;

(f) fewer places are specified in it as operating centres of the licence-holder.

(4) Any undertakings taken into account by the traffic commissioner under section 13(8) that he considers to be material to the granting of the application shall be recorded in the licence issued.

(5) A statement shall appear on the face of every operator’s licence indicating whether it is a standard licence or a restricted licence.

(6) A statement shall appear on the face of every standard licence indicating whether it covers both national and international transport operations or national transport operations only.

16 Duration of operators' licences

(1) The date on which an operator’s licence is to come into force shall be specified in the licence.

(2) Subject to its revocation or other termination under any provision of this Act or any other statutory provision, an operator’s licence (other than an interim licence issued under section 24) shall continue in force indefinitely.

(3) If the holder of an operator’s licence requests the traffic commissioner by whom it was issued to terminate it at any time, the commissioner shall, subject to subsection (4), comply with the request.

(4) The traffic commissioner may refuse to comply with the request if he is considering giving a direction in respect of the licence under section 26 or 27.

(5) An operator’s licence held by an individual terminates if he dies, if he becomes a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983, or if (in Scotland) a curator bonis is appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

Variation of licences

17 Variation of operators' licences

(1) Subject to section 18, on the application of the holder of an operator’s licence, the traffic commissioner by whom the licence was issued may vary the licence by directing—

(a) that additional motor vehicles be specified in the licence or that any maximum number specified in it under section 6 be increased;

(b) that any vehicle cease to be specified in the licence or that any maximum number specified in it under section 6 be reduced;

(c) that any provision in the licence such as is mentioned in section 5(2) cease to have effect;

(d) that a provision such as is mentioned in section 5(2) be included in the licence;

(e) that any provision in the licence such as is mentioned in section 6(1)(b) or (2)(b) cease to have effect;

(f) that a provision such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence;

(g) that a new place in the traffic commissioner’s area be specified in the licence as an operating centre of the licence-holder, or that any place cease to be so specified;

(h) that any undertaking recorded in the licence be varied or removed;

(i) that any condition attached to the licence be varied or removed;

(j) in the case of a restricted licence, that it be converted into a standard licence or, in the case of a standard licence, that it be converted into a restricted licence;

(k) in the case of a standard licence, that it cover both international and national transport operations instead of national transport operations only, or vice versa.

(2) A person applying for the variation of an operator’s licence under this section shall give to the traffic commissioner, in such form as he may require, such information as he may reasonably require for disposing of the application.

(3) Except in the cases mentioned in subsection (4), the traffic commissioner shall publish notice of any application for the variation under this section of an operator’s licence, and shall do so in the manner prescribed for the publication of notices under section 10(1).

(4) The excepted cases are—

(a) where the application is for a direction under subsection (1)(a) that additional motor vehicles be specified in the licence;

(b) where the application is for a direction under subsection (1)(b), (d) or (f);

(c) where the application is for a direction under subsection (1)(g) that a place cease to be specified in a licence as an operating centre of the licence-holder;

(d) where the application is for a direction under subsection (1)(j) that a standard licence be converted into a restricted licence;

(e) where the application is for a direction under subsection (1)(k) that a licence cover national transport operations only, instead of both national and international transport operations;

(f) where the traffic commissioner is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.

(5) Where notice of an application is published under subsection (3), the following provisions, namely—

(a) section 10(2),

(b) section 12(1)(a), (6), (8) and (9)(a),

(c) section 13, and

(d) section 15,

shall, with any necessary modifications and subject to section 19, apply in relation to that application as they apply in relation to an application for an operator’s licence of which notice is published under section 10(1).

18 Publication of notice of applications for variation in any locality affected

(1) Subject to subsection (4), the traffic commissioner to whom an application for any of the directions mentioned in subsection (2) is made shall refuse the application without considering the merits unless he is satisfied that subsection (3) has been complied with in respect of each locality affected by the application.

(2) The directions referred to in subsection (1) are—

(a) any direction under section 17(1)(a) that a maximum number specified in a licence under section 6 be increased;

(b) any direction under section 17(1)(c) or (e);

(c) any direction under section 17(1)(g) that a new place be specified in a licence as an operating centre of the licence-holder; and

(d) any direction under section 17(1)(h) or (i) which might result in a material change in the use of any operating centre of the licence-holder in the traffic commissioner’s area.

(3) This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(4) The traffic commissioner is not required by this section to refuse an application if—

(a) he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and

(b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(5) For the purposes of this section a locality is affected by an application for the variation of an operator’s licence if—

(a) it contains any place in the area of the traffic commissioner that will be an operating centre of the licence-holder if the application is granted; or

(b) it contains an existing operating centre of the licence-holder in the area of the commissioner and—

(i) the granting of the application would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or

(ii) any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

19 Objection to, and refusal of, applications to vary operators' licences on environmental grounds

(1) This section applies where notice of an application for the variation of an operator’s licence has been published under section 17(3).

(2) Where the application relates to an existing operating centre of the licence-holder in the traffic commissioner’s area—

(a) any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that the use of that operating centre in any manner which would be permitted if the application were granted would cause adverse effects on environmental conditions in the vicinity of that centre;

(b) subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that operating centre may make representations against the grant of the application on the ground mentioned in paragraph (a); and

(c) whether or not anyone objects or makes representations under paragraph (a) or (b), the commissioner may refuse the application on the ground mentioned in paragraph (a).

(3) For the purposes of subsection (2), an application shall be taken to relate to an operating centre if—

(a) granting it would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or

(b) any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

(4) Where the application is for a place in the traffic commissioner’s area to be specified in the licence as an operating centre of the licence-holder—

(a) any of the persons mentioned in section 12(2) may object to the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as an operating centre of the licence-holder; and

(b) subject to subsection (5), any person who is the owner or occupier of any land in the vicinity of that place may make representations against the grant of the application on that ground.

(5) A person may not make representations under subsection (2)(b) or (4)(b) unless any adverse effects on environmental conditions arising from the use of the operating centre or place in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.

(6) If any person duly objects or makes representations under subsection (4) against an application for a place in the traffic commissioner’s area to be specified in the licence as an operating centre of the licence-holder, the commissioner may refuse the application—

(a) on the ground that the parking of vehicles used under the licence at or in the vicinity of that place would cause adverse effects on environmental conditions in the vicinity of that place; or

(b) subject to subsection (7), on the ground that that place would be unsuitable on environmental grounds other than the ground mentioned in paragraph (a) above for use as an operating centre of the licence-holder.

(7) The traffic commissioner may not refuse the application on the ground mentioned in subsection (6)(b) if—

(a) on the date the application was made, the place in question was already specified in an operator’s licence issued by the commissioner as an operating centre of the holder of that licence, or

(b) the applicant has produced to the commissioner a certificate in force in respect of that place under—

(i) section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990, or

(ii) section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful.

(8) Subsection (7) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in an operator’s licence as an operating centre of the holder of that licence.

(9) A place is not to be regarded for the purposes of paragraph (a) of subsection (7) as being specified in an operator’s licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in an operator’s licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date—

(a) the operator’s licence in which that place was specified was an interim licence issued under section 24; or

(b) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(c) such conditions relating to—

(i) the exercise of the right of any person to appeal against a place being specified in an operator’s licence, or

(ii) the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(10) Any objection or representations under this section—

(a) shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the issue to which the objection relates or the representations relate; and

(b) shall be made in the prescribed manner and within the prescribed time after the making of the application to which the objection relates or the representations relate.

(11) Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection or representations be treated for the purposes of this Act as duly made under this section, notwithstanding that the objection was not, or the representations were not, made within the prescribed time or in the prescribed manner.

20 Variation of licences: further provisions

(1) Where the holder of a restricted licence makes an application under section 17 to the traffic commissioner by whom the licence was issued to vary it by directing that it be converted into a standard licence—

(a) section 9(2) and (3)(b) and (without prejudice to the generality of section 17(5)) section 13(1) shall apply in relation to that application as they apply in relation to an application for a standard licence; and

(b) if the application is granted, section 22(2) shall apply to the giving of the direction to vary the restricted licence as it applies to the issuing of a standard licence.

(2) Where the holder of a standard licence which covers only national transport operations makes an application under section 17 to the traffic commissioner by whom the licence was issued for a direction that the licence be varied to cover both national and international transport operations—

(a) the applicant shall include in his application particulars about the professional competence on which he intends to rely; and

(b) the traffic commissioner shall refuse to direct the variation applied for unless he is satisfied that the professional competence on which the applicant proposes to rely is sufficient for the purposes of international transport operations.

Conditions attached to licences

21 Conditions for securing road safety

(1) On issuing an operator’s 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 vehicles that are authorised to be used under it from causing danger to the public—

(a) at any point where 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 vehicles are driven between such a point and the operating centre.

(2) On varying an operator’s licence under section 17 a traffic commissioner may vary or remove any condition attached to the licence under this section.

(3) The traffic commissioner shall not—

(a) attach to an operator’s 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 an operator’s licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity to make representations to the 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