Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

(The document as of February, 2008)

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(a) it has in respect of its road transport undertaking a transport manager or managers, and such number of them as the traffic commissioner concerned may require; and

(b) that transport manager, or (as the case may be) each such manager, is--

(i) of good repute, and

(ii) professionally competent.

9 Where an individual is not himself professionally competent, he shall be regarded as satisfying the requirement of professional competence if and so long as he has as the transport manager of the transport undertaking which he carries on an individual who is--

(a) of good repute, and

(b) professionally competent.

10 Where the holder of a standard licence relies on a single transport manager to satisfy the requirement of professional competence and that manager--

(a) dies,

(b) ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,

(d) ceases to be of good repute,

the holder of the licence shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period (not exceeding 18 months) as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for the appointment of a new transport manager.

11 Where--

(a) the holder of a standard licence is a company which has two or more transport managers, and

(b) any of those managers ceases to be of good repute,

the company shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for that manager's removal or the appointment of another transport manager in his place.

12 Paragraphs 1 to 5 shall have effect for the purposes of any provision of paragraphs 8 to 11 by virtue of which it falls to be determined whether or not a transport manager is of good repute as they have effect for the purpose of determining for the purposes of any other provision of this Act whether or not any other individual is of good repute, but disregarding the reference in paragraph 1(1)(a) to the servants or agents of an individual.

13 (1) An individual shall be regarded as professionally competent if, and only if--

(a) he has demonstrated that he possesses the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or

(b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.

(2) The written examination mentioned in sub-paragraph (1)(a) may take the form of a multiple-choice examination.

(3) In sub-paragraph (1)--

"approved body" means--

(a) a body approved by the Secretary of State for the purposes of that sub-paragraph;

(b) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the [1967 c. 37 (N.I.).] Transport Act (Northern Ireland) 1967; or

(c) a body or authority designated for the purposes of Article 3.4 of the 1974 Council Directive by a member State other than the United Kingdom; and

"the requisite skills" means skills in the subjects listed in Part A and, in the case of a licence to cover international operations, Part B, of the Annex to the 1974 Council Directive.

14 In relation to a certificate of professional competence which was issued before 4 February 1991, or which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate, paragraph 13 has effect with the following modifications--

(a) for sub-paragraph (1)(a) there shall be substituted--

" (a) he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills; or " ;

(b) sub-paragraph (2) shall be omitted; and

(c) references in sub-paragraph (3) to the 1974 Council Directive shall be construed as references to that Directive as it had effect immediately before it was amended by [O.J. No. L212.] Community Council Directive No.89/438/EEC dated 21 June 1989.

Transport manager to be notified of proceedings

15 (1) A traffic commissioner shall not in any proceedings under this Act make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice--

(a) stating that the question whether he is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

(b) setting out the nature of the allegations against him; and

(c) stating that he is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on him.

(2) Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations--

(a) in considering whether or not to hold an inquiry as provided in section 35; and

(b) in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

(3) A notice shall be deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

Section 33.

SCHEDULE 4 Transfer of operating centres

Transfers in connection with new licences

1 (1) Where in the case of any application for an operator's licence--

(a) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(b) the applicant so requests,

the traffic commissioner may direct that paragraph 2 is to apply in relation to the application.

(2) Each place referred to in the statement under section 8(3) as a proposed operating centre of the applicant must already be specified in an operator's licence as an operating centre of its holder.

(3) That licence must be the same in the case of each such place, and no such place may be specified in more than the one operator's licence.

(4) Where any conditions under section 21 or 23 relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying for.

(5) Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6) In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7) A place is not to be regarded for the purposes of sub-paragraph (2) 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, at the time mentioned in sub-paragraph (1)(a), a place specified in an operator's licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time--

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

(b) 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.

(8) In this paragraph "operator's licence" does not include an interim licence issued under section 24.

2 (1) The provisions of this paragraph have effect in relation to any application for an operator's licence in respect of which a direction has been given under paragraph 1.

(2) The notice published under section 10(1) shall state that the direction has been given.

(3) The following provisions of this Act shall not apply--

section 11;

section 12(1)(b) and (4);

section 13(5)(d) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;

section 14; and

section 15(3)(f).

(4) Notwithstanding anything in section 13(11) the traffic commissioner may refuse the application if--

(a) any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to his knowledge or not; or

(b) any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.

(5) If the application is granted, the traffic commissioner--

(a) shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b) shall not attach any other conditions to the licence under section 21 or 23.

(6) If the application is granted, the traffic commissioner shall record in the licence--

(a) any undertakings given or procured to be given under paragraph 1(5); and

(b) any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the traffic commissioner considers to be material to his decision to give the direction (and that would not otherwise be required by section 15(4) to be recorded in the licence).

Transfers in connection with the variation of licences

3 (1) Where in the case of an application for the variation of an operator's licence under section 17--

(a) the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,

(b) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

the traffic commissioner may direct that paragraph 4 is to apply in relation to the application.

(2) Each new place that is proposed to be specified in the licence must already be specified in another operator's licence as an operating centre of its holder.

(3) That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other operator's licence.

(4) Where any conditions under section 21 or 23 relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied.

(5) Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(7) A place is not to be regarded for the purposes of sub-paragraph (2) 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, at the time mentioned in sub-paragraph (1)(b), a place specified in an operator's licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time--

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

(b) 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.

(8) In this paragraph "operator's licence" does not include an interim licence issued under section 24.

4 (1) The provisions of this paragraph have effect in relation to any application for the variation of an operator's licence in respect of which a direction has been given under paragraph 3.

(2) Sections 17(3) and 18 shall not apply.

(3) If the application is granted, the traffic commissioner--

(a) shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and

(b) shall not attach any other conditions to the licence under section 21 or 23.

(4) If the application is granted, the traffic commissioner shall record in the licence as varied--

(a) any undertakings given or procured to be given under paragraph 3(5); and

(b) any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 3, that the traffic commissioner considers to be material to his decision to give the direction.

Section 50.

SCHEDULE 5 Large Goods Vehicles

Meaning of "large goods vehicle"

1 (1) For the purposes of this Schedule, a large goods vehicle is a goods vehicle, other than a hauling vehicle, falling within any of sub-paragraphs (2) to (4).

(2) A goods vehicle falls within this sub-paragraph if--

(a) it has a relevant plated weight exceeding 16260 kilograms, or

(b) in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight exceeding 5080 kilograms.

(3) A goods vehicle falls within this sub-paragraph if it forms part of a vehicle combination, other than an articulated combination, and the combination is such that--

(a) in a case where all the vehicles comprised in the combination, or all of those vehicles except any small trailer, have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination, exclusive of any such trailer, exceeds 16260 kilograms, or

(b) in any other case, the aggregate of the unladen weights of the vehicles comprised in it, exclusive of any small trailer, exceeds 5080 kilograms;

and in this sub-paragraph "small trailer" means a trailer having an unladen weight not exceeding 1020 kilograms.

(4) A goods vehicle falls within this sub-paragraph if it forms part of an articulated combination which is such that--

(a) in a case where the trailer comprised in the combination has a relevant plated weight, the aggregate of--

(i) the unladen weight of the motor vehicle comprised in the combination, and

(ii) the relevant plated weight of that trailer,

exceeds 16260 kilograms, or

(b) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds 5080 kilograms.

(5) In any provision of sub-paragraphs (2) to (4) "relevant plated weight" means a plated weight of the description specified in relation to that provision by regulations.

(6) In sub-paragraph (1) "hauling vehicle" means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination; and in this sub-paragraph "motor tractor", "light locomotive" and "heavy locomotive" have the same meaning as in the [1960 c. 16.] Road Traffic Act 1960.

Consignment notes

2 (1) Subject to sub-paragraph (2), no goods shall be carried on a large goods vehicle unless a document (a "consignment note") in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.

(2) Sub-paragraph (1) shall not apply--

(a) to the carriage of goods on any journey or on a vehicle of any class exempted from that sub-paragraph by regulations; or

(b) to any carriage of goods which is lawful without the authority of an operator's licence.

(3) Subject to the provisions of regulations, a traffic commissioner may dispense with the observance, as respects the carriage of goods under an operator's licence issued by him, of any requirement of sub-paragraph (1), where he is satisfied that it is not reasonably practicable for that requirement to be observed.

(4) Such a dispensation may be granted--

(a) generally;

(b) as respects a particular vehicle; or

(5) The consignment note relating to the goods carried on a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle for carrying the goods on that journey.

(6) Any person who--

(a) uses or drives a vehicle in contravention of sub-paragraph (1), or

(b) fails to comply with sub-paragraph (5),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers of entry and inspection

3 (1) An officer may require any person to produce and permit him to inspect and copy--

(a) any document which is required by or under paragraph 2 to be carried by that person as driver of a vehicle; or

(b) any document which that person is required by or under that paragraph to preserve;

and that document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the traffic commissioner specified in the notice within such time (not being less than 10 days) from the service of the notice as may be so specified.

(2) An officer may at any time enter any large goods vehicle and inspect that vehicle and any goods carried on it.

(3) Where an officer has reason to believe--

(a) that a large goods vehicle is being kept on any premises, or

(b) that any such documents as are mentioned in sub-paragraph (1) are to be found on any premises,

he may, at any time which is reasonable having regard to the circumstances of the case, enter those premises and inspect any such vehicle, and inspect and copy any such document, which he finds there.

(4) For the purpose of exercising his powers under sub-paragraph (1)(a) or (2), an officer may detain the vehicle in question during such time as is required for the exercise of that power.

(5) The powers conferred by sub-paragraphs (1) to (4) are exercisable on production by the officer, if so required, of his authority.

(6) Any person who--

(a) fails to comply with any requirement under sub-paragraph (1), or

(b) obstructs any officer in the exercise of his powers under sub-paragraph (2), (3) or (4),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this paragraph "officer" has meaning given in section 42(1) (as amended by paragraph 5 below).

(8) The powers conferred by this paragraph on an officer shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.

Falsification of consignment notes and records

4 (1) Any person who--

(a) makes, or causes to be made, any document required to be made under paragraph 2 which he knows to be false, or

(b) with intent to deceive, alters or causes to be altered any document required to be made under that paragraph,

is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) is liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Amendment of sections 38, 41 and 42 of this Act

5 (1) The following amendments shall take effect on the day appointed for the coming into force of paragraph 3, namely, in sections 38(2)(c) and 42(1)(b), after the words "sections 40 and 41" there shall be inserted the words "and paragraph 3 of Schedule 5".

(2) The following amendments shall take effect on the day appointed for the coming into force of paragraph 4, namely, in section 41(1) and (2)(b), after the words "section 38 or 39" there shall be inserted the words "or paragraph 4(1) of Schedule 5".

Section 59.

SCHEDULE 6 Transitional provisions, transitory modifications and savings

General transitional provisions

1 The substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.

2 In so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.

3 Any reference (express or implied) in this Act or any other enactment, instrument or document to--

(a) any provision of this Act, or

(b) things done or falling to be done under or for the purposes of any provision of this Act,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

4 Any reference (express or implied) in any enactment, instrument or document to--

(a) a provision repealed or revoked by this Act, or

(b) things done or falling to be done under or for the purposes of such a provision,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

5 Paragraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the [1978 c. 30.] Interpretation Act 1978 (but without prejudice to any other provision of that Act).

Meaning of "local authority" in relation to Scotland or Wales

6 In section 12(12), in the definition of the expression "local authority"--

(a) in paragraph (b), until 1st April 1996, for the words from "the council" onwards there shall be substituted the words "the council of a county or district"; and

(b) in paragraph (c), until 1st April 1996, for the words from "a council" onwards, there shall be substituted the words "a regional, islands or district council".

Meaning of "holding company" and "subsidiary"

7 For the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the [1989 c. 40.] Companies Act 1989 came into force) the expressions "holding company" and "subsidiary" have the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985 as originally enacted.

Section 60(1).

SCHEDULE 7 Consequential amendments

The Road Traffic Act 1960 (c. 16)

1 In section 232 of the Road Traffic Act 1960 (duty to give information as to identity of driver), for subsection (1)(b) there shall be substituted--

" (b) to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995; " .

2 In section 244 of that Act (time for bringing summary proceedings), the words from "under section 233" to the second occurrence of the words "or an offence" shall be omitted.

The Transport Act 1968 (c. 73)

3 In section 51 of the Transport Act 1968 (subsidiaries and joint subsidiaries), in subsection (5), for the words "Parts V and VI" there shall be substituted the words "Part VI".

4 In section 158 of that Act (inquiries), in subsection (1), the words "other than Part V" shall be omitted.

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

5 (1) In section 4 of the Road Traffic (Foreign Vehicles) Act 1972 (duty to produce certain documents), in subsection (1)--

(a) in paragraph (a), for the words "section 91(4) of the Transport Act 1968" there shall be substituted the words "section 57(6) of the Goods Vehicles (Licensing of Operators) Act 1995"; and

(b) in paragraph (b), for the words "section 60(1)" there shall be substituted the words "section 2(1)".

6 In Schedule 2 to that Act (provisions relating to vehicles and their drivers), in the first column--

(a) for the words "Section 60 of the Transport Act 1968" there shall be substituted the words "Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995"; and

(b) for the words "section 91(1)(c) of the Transport Act 1968" there shall be substituted the words "section 57(2)(d) of the Goods Vehicles (Licensing of Operators) Act 1995".

International Road Haulage Permits Act 1975 (c. 46)

7 In section 1 of the International Road Haulage Permits Act 1975 (duty to carry and produce international road haulage permits), in subsection (8), for the words "Part V of the Transport Act 1968" there shall be substituted the words "the Goods Vehicles (Licensing of Operators) Act 1995".

Transport Act 1982 (c. 49)

8 In section 8 of the Transport Act 1982 (private-sector vehicle testing), in subsection (2)(a), after "1968" there shall be inserted the words "or the Goods Vehicles (Licensing of Operators) Act 1995".

London Regional Transport Act 1984 (c. 32)

9 In section 62 of the London Regional Transport Act 1984 (joint subsidiaries), in subsection (3)(a), for the words "Parts V and VI" there shall be substituted the words "Part VI".

Transport Act 1985 (c. 67)

10 In Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in paragraph 9(1), the words "Part V of the 1968 Act," shall be omitted and after the words "the 1981 Act" there shall be inserted the words ", the Goods Vehicles (Licensing of Operators) Act 1995".

Road Traffic Act 1988 (c. 52)

11 In section 66A of the Road Traffic Act 1988 (appointment of examiners), in subsection (1), after the words "this Part of this Act," there shall be inserted the words "the Goods Vehicles (Licensing of Operators) Act 1995,".

12 (1) In section 73 of that Act (provisions supplementary to sections 69 to 72), in subsection (1)--

(a) for the words "an authorised vehicle" there shall be substituted the words ", by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator's licence,"; and

(b) in paragraph (a), for the words "the operator's licence was granted for the vehicle" there shall be substituted the words "the licence was issued".

(2) In that section, after subsection (1), there shall be inserted--

" (1ZA) Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators' licences--

(a) if those licences were issued by different traffic commissioners, his duty under paragraph (a) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those commissioners,

(b) if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and

(c) if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others. " .

(3) In subsection (4) of that section, for the words from "and section 72" to "Transport Act 1968" there shall be substituted the words " "operator's licence" has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995 " .

13 In section 85 of that Act (interpretation of Part II), the definition of "licensing authority" (which is no longer needed) shall be omitted.

14 In section 86 of that Act (index of defined expressions), the entry relating to the expression "licensing authority" shall be omitted.

Section 60(2).

SCHEDULE 8 Repeals and revocations

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