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(1) On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder to inform him—
(a) of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;
(b) where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or
(c) of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of the traffic commissioner in relation to the licence.
(2) On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—
(a) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 13(3), and to do so within 28 days of the event; and
(b) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 13(3)(a) or (c), and to do so within 28 days of the event coming to the licence-holder’s knowledge.
(3) In subsection (2)(b) the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 13(3)(c).
(4) In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform the traffic commissioner of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.
(5) For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in section 744 of the [1985 c. 6.] Companies Act 1985) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.
(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.
(1) On issuing an operator’s 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 in his area 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 motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder in the area of the traffic commissioner for any prescribed purpose;
(b) the parking arrangements to be provided 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 an operator’s 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) The traffic commissioner shall not—
(a) attach any condition such as is mentioned in this section to an operator’s licence, 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.
(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.
(1) On an application for an operator’s licence (a “full” licence), a traffic commissioner may, if the applicant so requests, issue to him an interim licence.
(2) An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or any other statutory provision) will continue in force until it terminates under subsection (4), (5) or (6).
(3) The traffic commissioner may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 15(3).
(4) If the traffic commissioner grants the application and issues to the applicant a full licence that—
(a) is in the terms applied for, or
(b) is in those terms subject only to the attachment under section 21, 22 or 23 of any conditions that are also attached to the interim licence,
the interim licence shall terminate on the date on which the full licence comes into force.
(5) If, on an appeal under section 37 arising out of the application, the Transport Tribunal orders the traffic commissioner to issue a full licence to the applicant, the interim licence shall terminate—
(a) on the date on which the full licence issued in pursuance of the order comes into force, or
(b) at the time at which the application is withdrawn or treated as withdrawn by virtue of section 45(3).
(6) If neither subsection (4) nor subsection (5) applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the traffic commissioner.
(7) Where, in a case within subsection (6), the application is granted, the full licence issued to the applicant shall be of no effect before the interim licence terminates (notwithstanding any statement in it to the contrary).
(8) A request for the issuing of an interim licence—
(a) shall not be treated as an application for an operator’s licence for the purposes of section 10, 11, 12, 13, 14, 15(1) to (4), 36 or 37 or Schedule 4, but
(b) shall be treated as such an application for the purposes of any other provision of this Act.
(9) In this section and section 25 references to the date on which an application is finally disposed of are references—
(a) subject to paragraph (b), to the earliest date by which the application and any appeal to the Transport Tribunal arising out of the application have been determined and any time for bringing such an appeal has expired, or
(b) if the application is withdrawn or any such appeal is abandoned, to the date of the withdrawal or abandonment.
(1) On an application for the variation under section 17 of an operator’s licence, if the applicant so requests the traffic commissioner may, before he has determined the application, vary the licence by giving an interim direction in respect of it.
(2) An interim direction is a direction under section 17(1) that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) below.
(3) If on determining the application the traffic commissioner varies the licence by giving a direction in the terms applied for and does not also under section 21(1) or (2) or 23(1) or (3) attach or vary any conditions, the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.
(4) If subsection (3) does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the traffic commissioner.
(5) Where, in a case within subsection (4), on determining the application the traffic commissioner gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.
(6) A request for an interim direction to be given—
(a) shall not be treated as an application for the variation of an operator’s licence for the purposes of section 17(3) or 37 or Schedule 4, but
(b) shall be treated as such an application for the purposes of any other provision of this Act.
(7) The reference in subsection (4) to the date on which an application is finally disposed of is to be construed in accordance with section 24(9).
(1) Subject to the following provisions of this section and the provisions of section 29, the traffic commissioner by whom an operator’s licence was issued may direct that it be revoked, suspended or curtailed (within the meaning given in subsection (11)) on any of the following grounds—
(a) that a place in the commissioner’s area has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for vehicles authorised to be used under the licence;
(b) that the licence-holder has contravened any condition attached to the licence;
(c) that during the five years ending with the date on which the direction is given there has been—
(i) a conviction of the licence-holder of an offence such as is mentioned in any of sub-paragraphs (a) to (i) of paragraph 5 of Schedule 2;
(ii) a conviction of a servant or agent of the licence-holder of any such offence, other than an offence such as is mentioned in sub-paragraph (c), (e) or (h) of that paragraph; or
(iii) a prohibition under section 69 or 70 of the [1988 c. 52.] Road Traffic Act 1988 (power to prohibit driving of unfit or overloaded vehicles) of the driving of a vehicle of which the licence-holder was the owner when the prohibition was imposed;
(d) that during those five years, on occasions appearing to the commissioner to be sufficiently numerous to justify the giving of a direction under this subsection, there has been a conviction of the licence-holder or a servant or agent of his of an offence such as is mentioned in paragraph 5(j) of Schedule 2;
(e) that the licence-holder made, or procured to be made, for the purposes of—
(i) his application for the licence,
(ii) an application for the variation of the licence, or
(iii) a request for a direction under paragraph 1 or 3 of Schedule 4,
a statement of fact that, whether to his knowledge or not, was false, or a statement of expectation that has not been fulfilled;
(f) that any undertaking recorded in the licence has not been fulfilled;
(g) that the licence-holder, being an individual, has been adjudged bankrupt or, being a company, has gone into liquidation, other than voluntary liquidation for the purpose of reconstruction;
(h) that since the licence was issued or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the issue or variation of the licence;
(i) that the licence is liable to revocation, suspension or curtailment by virtue of a direction under section 28(4).
(2) Where the traffic commissioner has power to give a direction in respect of a licence under subsection (1), the commissioner also has power to direct that a condition, or additional condition, such as is mentioned in section 22(1) be attached to the licence.
(3) In this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 22(1) includes any condition attached to the licence under subsection (2) above.
(4) Where the existence of any of the grounds mentioned in subsection (1) is brought to the notice of the traffic commissioner in the case of the holder of any licence issued by him, the commissioner shall consider whether or not to give a direction under this section in respect of that licence.
(5) Where, in a case falling within subsection (1)(c)(i)—
(a) the conviction in question is a conviction of the licence-holder of an offence under section 3(6) or of the corresponding offence under regulation 33(2) of the [S.I. 1984/176.] Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984, and
(b) there has been, within the 5 years preceding that conviction, a previous conviction of the licence-holder of an offence under either of those provisions,
the traffic commissioner shall give a direction under subsection (1) to revoke the licence.
(6) Where the traffic commissioner directs that an operator’s licence be suspended or curtailed, the commissioner may order—
(a) in the case of a suspension, that any motor vehicle specified in the licence may not be used under any other operator’s licence (notwithstanding anything in section 5(1)(a)), or
(b) in the case of a curtailment having the effect of removing any motor vehicle from the licence, that the motor vehicle may not be used as mentioned in paragraph (a) and shall not be capable of being effectively specified in any other operator’s licence.
(7) An order made under subsection (6) shall cease to have effect—
(a) on such date, not being more than 6 months after the order is made, as may be specified in the order, or
(b) if, before that date, the licence which is directed to be suspended or curtailed ceases to be in force, on the date on which it ceases to be in force.
(8) The traffic commissioner by whom any direction suspending or curtailing a licence under subsection (1) was given may at any time—
(a) cancel the direction together with any order under subsection (6) that was made when the direction was given;
(b) cancel any such order; or
(c) with the consent of the licence-holder, vary the direction or any such order (or both the direction and any such order).
(9) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
(10) In subsection (1)(g) the reference to an individual having been adjudged bankrupt shall, as respects Scotland, be construed as a reference to an award of sequestration having been made of his estate.
(11) In this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—
(a) that one or more of the vehicles specified in the licence be removed from it;
(b) that a provision such as is mentioned in section 5(2) or 6(1)(b) or (2)(b) be included in the licence;
(c) that any maximum number specified in the licence under section 6 be reduced;
(d) that any one or more of the places specified in the licence as operating centres be removed from it.
(1) The traffic commissioner by whom a standard licence was issued shall direct that it be revoked if at any time it appears to him that the licence-holder is no longer—
(a) of good repute,
(b) of the appropriate financial standing, or
(c) professionally competent;
and the traffic commissioner shall determine whether or not that is the case in accordance with Schedule 3.
(2) Before giving a direction under subsection (1) in respect of a licence, the traffic commissioner shall give to its holder notice in writing that he is considering giving such a direction.
(3) A notice under subsection (2) shall state the grounds on which the traffic commissioner is considering giving a direction under subsection (1) and shall also state—
(a) that written representations with respect to those grounds may be made to the commissioner by the licence-holder, and
(b) that any such representations must be received by the commissioner within 21 days of the date of the notice;
and the traffic commissioner shall consider any representations duly made under this subsection.
(4) This section has effect subject to section 29 (and, in particular, nothing in subsection (3) above shall be taken to affect a person’s right under section 29(1) to require the holding of an inquiry).
(1) Where, under section 26(1) or 27(1), a traffic commissioner directs that an operator’s licence be revoked, the commissioner may order the person who was the holder of the licence to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from holding or obtaining an operator’s licence; and so long as the disqualification is in force—
(a) any operator’s licence held by him at the date of the making of the order (other than the licence revoked) shall be suspended, and
(b) notwithstanding anything in section 13 or 24, no operator’s licence may be issued to him.
(2) If a person applies for or obtains an operator’s licence while he is disqualified under subsection (1)—
(a) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale, and
(b) any operator’s licence issued to him on the application, or (as the case may be) the operator’s licence obtained by him, shall be void.
(3) An order under subsection (1) may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of one or more specified traffic areas and, if the order is so limited—
(a) paragraphs (a) and (b) of that subsection and subsection (2) shall apply only to any operator’s licence to which the order applies, but
(b) notwithstanding section 5(4)(b), no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in a traffic area in respect of which he is disqualified by virtue of the order.
(4) Where the traffic commissioner makes an order under subsection (1) in respect of any person, the commissioner may direct that if that person, at any time or during such period as the commissioner 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 in question applies, or
(ii) a company of which such a company is a subsidiary, or
(b) operates any goods vehicles in partnership with a person who holds such a licence,
that licence of that company or, as the case may be, of that person, shall be liable to revocation, suspension or curtailment under section 26.
(5) The powers conferred by subsections (1) and (4) 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 director of that company, and
(b) where that person operated vehicles under the licence in partnership with other persons, in relation to any of those other persons;
and any reference in this section or in section 26 or 29 to subsection (1) or (4) above includes a reference to that subsection as it applies by virtue of this subsection.
(6) The traffic commissioner by whom any order disqualifying a person was made under subsection (1) may at any time—
(a) cancel that order together with any direction that was given under subsection (4) 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) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
(8) 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 (as defined in section 744 of the [1985 c. 6.] Companies Act 1985).
(1) A traffic commissioner shall not—
(a) give a direction under section 26(1) or (2) or 27(1) in respect of any licence,
(b) make an order under section 26(6) in respect of any vehicle, or
(c) make an order or give a direction under section 28(1) or (4) in respect of any person,
without first holding an inquiry if the holder of the licence or (as the case may be) the person concerned requests him to do so.
(2) The traffic commissioner may direct that any direction or order given or made by him under—
(a) section 26(1), (2) or (6),
(b) section 27(1), or
(c) section 28(1) or (4),
shall not take effect until the expiry of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of.
(3) If the traffic commissioner refuses to give a direction under subsection (2) the holder of the licence or, as the case may be, the person in respect of whom the direction or order was given or made may apply to the Tribunal for such a direction.
(4) The Tribunal shall give its decision on any application under subsection (3) within 14 days.
(1) Within such time after any period of review as may be prescribed, the traffic commissioner by whom an operator’s licence was issued may serve a notice on the licence-holder stating that the commissioner is considering whether to exercise any of his powers under sections 31 and 32 in relation to a place specified in the licence as an operating centre of the licence-holder.
(2) The periods of review in relation to an operator’s licence are—
(a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and
(b) each consecutive period of five years.
(3) Regulations may amend subsection (2) by substituting a higher or lower number (but not a number lower than five) for the number of years for the time being specified in paragraphs (a) and (b).
(4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(1) If, having served notice under section 30 in respect of a place specified in an operator’s licence, the traffic commissioner determines that the place is unsuitable—
(a) on grounds other than environmental grounds, or
(b) on the ground mentioned in subsection (2),
for use as an operating centre of the licence-holder, he may (subject to subsection (3)) direct that it cease to be specified in the licence.
(2) The ground referred to in subsection (1)(b) is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.
(3) Where the only ground for giving a direction under subsection (1) is the ground mentioned in subsection (2), the traffic commissioner may not give such a direction unless during the period of review in question representations were made to him—
(a) by such a person as is mentioned in section 12(2), or
(b) by a person who is the owner or occupier of any land in the vicinity of the place in question,
as to the unsuitability of the place on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.
(4) Representations made by a person such as is mentioned in paragraph (b) of subsection (3) shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in that paragraph.
(5) Any representations under this section—
(a) shall be made in the prescribed manner; and
(b) shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate;
but where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that representations be treated for the purposes of this Act as duly made under this section notwithstanding that they were not made in the prescribed manner or within the period of review in question.
(1) If, having served notice under section 30 in respect of a place specified in an operator’s licence, the traffic commissioner does not give a direction in respect of the place under section 31, he may direct—
(a) that conditions (or additional conditions) such as are mentioned in section 21, 22(1)(c) or 23 be attached to the licence;
(b) that any conditions already attached to the licence under section 21, 22(1)(c) or 23 be varied.
(2) Any conditions attached to the licence under subsection (1)(a) shall relate or, in the case of conditions such as are mentioned in section 22(1)(c), shall only require the traffic commissioner to be informed of events that relate—
(a) only to the place referred to in subsection (1), or
(b) only to that place and any other places in respect of which the commissioner has power to attach conditions under that subsection.
(3) Any variation under subsection (1)(b) shall be such as imposes new or further restrictions or requirements—
(a) only in relation to the place referred to in subsection (1), or
(b) only in relation to that place and any other places in respect of which the commissioner has power to attach conditions under that subsection.
(4) Where the traffic commissioner gives a direction in respect of an operator’s licence under section 31 or subsection (1)(a) above, he may also vary the licence by directing—
(a) that any vehicle cease to be specified in the licence;
(b) that any maximum number specified in the licence under section 6 be reduced;
(c) that a provision such as is mentioned in section 5(2) be included in the licence;
(d) that a provision such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence.
(5) In this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 21, 22 or 23 includes a reference to any condition such as is mentioned in section 21, 22 or (as the case may be) 23 attached to the licence under subsection (1)(a) above.
Schedule 4 (which makes provision in relation to certain applications for, or for the variation of, operators' licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.
(1) In making any determination of a description mentioned in subsection (2), a traffic commissioner shall have regard to such considerations as may be prescribed as relevant to determinations of that description.
(2) The determinations referred to are—
(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;
(b) any determination with respect to attaching to an operator’s licence any condition such as is mentioned in section 23 or varying or removing any such condition attached to an operator’s licence; and
(c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.
(3) In making any such determination for the purposes of exercising—
(a) any of his functions in relation to an application for, or for the variation of, an operator’s licence, or
(b) any of his functions under sections 30 to 32,
a traffic commissioner may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 30 to 32, and may assume that those undertakings will be fulfilled.
(4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c), a traffic commissioner may take into account any conditions such as are mentioned in section 23 that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.
(5) Where a traffic commissioner—
(a) grants an application for, or for the variation of, an operator’s licence, or
(b) having served notice under section 30 in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 31 and 32 in relation to that place,
any undertakings taken into account by the commissioner under subsection (3) that he considers to be material to the application or (as the case may be) to his decision under sections 31 and 32 shall be recorded in the licence in question.
(1) A traffic commissioner may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Act.
(2) Where, as respects the proposed exercise on any occasion of any of his powers under section 26, 27 or 28, a traffic commissioner receives a request for an inquiry (made pursuant to section 29(1)) from two or more persons, he may hold a single inquiry in response to both or all of those requests.
(3) Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act shall be held in public.
(4) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—
(a) with the consent of the person for the time being carrying on that trade or business;
(b) for the purpose of the discharge by any person of his functions under this Act; or
(c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Act, including proceedings before the Transport Tribunal.
(5) Any person who discloses any information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Goods Vehicles (Licensing of Operators) Act 1995