Transport Act 1982

Title and introductory text

Transport Act 1982 1982 c. 49 An Act to make provision with respect to the disposal by the National Bus Company and their subsidiaries of property, rights and liabilities; to make provision for and in connection with the exercise of certain statutory functions with respect to the testing of vehicles generally and the testing and plating of goods vehicles in the private sector and to make new provision for vehicle-testing in connection with certain international conventions; to make new provision extending and amending the law with respect to fixed penalties for certain road traffic offences and the procedure to be followed and the punishments available in cases where fixed penalties apply; to amend the law relating to goods vehicle operators’ licences; to provide for the marking of builders’ skips; to give the Secretary of State certain powers in relation to harbour authorities in the interests of national defence; to extend the power under Schedule 1 to the Transport Act 1962 to determine pensions for members of certain Boards; and to make further miscellaneous amendments of the law relating to road traffic (including provisions relating to the testing and fitness of vehicles). [28th October 1982] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Bus Company’s powers of disposal.

(1) Without prejudice to any powers conferred on them by any other enactment, the National Bus Company (in this Part of this Act referred to as “the Bus Company”) shall have power to provide for the disposal, in such manner as they think fit, of— (a) any shares in or other securities of one of their subsidiaries which are held by the Company or by another of their subsidiaries; or (b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries. (2) The Bus Company shall not exercise their powers under subsection (1)(a) above except with the consent of the Secretary of State. (3) In exercising their powers under subsection (1)(a) above the Bus Company may, with the consent of the Secretary of State, provide for employees’ share schemes to be established in respect of any of their subsidiaries; and any such scheme may provide for the transfer of shares without consideration. (4) In this section “employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of— (a) the bona fide employees or former employees of the company or of a subsidiary of the company; or (b) the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees.

2 Provisions supplementary to section 1.

(1) For the purpose of facilitating the eventual disposal under section 1(1) of this Act of— (a) any part of the undertaking of or any property, rights or liabilities of, the Bus Company, or (b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries; the Company may exercise their powers to establish subsidiaries and to transfer property, rights and liabilities to subsidiaries, notwithstanding the provisions of any enactment which may be taken to limit the purposes for which those powers may be exercised. (2) The Bus Company may also, for the purpose mentioned in subsection (1) above, make schemes for the transfer, between the Company and a wholly owned subsidiary of theirs or between one such subsidiary and another, of— (a) any specified property, rights or liabilities; or (b) all property, rights and liabilities comprised in a specified part of the transferor’s undertaking; and a scheme under this subsection may contain such supplementary, incidental and consequential provisions as may appear to the Company to be necessary or expedient. (3) Before making a scheme under subsection (2) above which provides for the transfer of rights and liabilities under contracts of employment, the Bus Company shall consult with persons appearing to them to represent the employees concerned. (4) A scheme under subsection (2) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Bus Company, he thinks fit. (5) On the coming into force of a scheme under subsection (2) above the property, rights and liabilities in question shall, subject to subsection (6) below, be transferred and vest in accordance with the scheme. (6) Schedule 4 to the Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (5) above subject to— (a) any reference in that Schedule to a transfer by or a vesting by virtue of that Act being construed as a reference to a transfer by or a vesting by virtue of the scheme in question; and (b) the reference in paragraph 13(5) of that Schedule to the relevant provisions of that Act being construed as a reference to the relevant provisions of this Act; and that subsection shall have effect subject to the provisions of that Schedule.

3 Powers of Secretary of State to give directions.

(1) The Secretary of State may give directions to the Bus Company requiring them to exercise their powers under sections 1 and 2 of this Act (including the powers extended by section 2(1) of this Act) for such purposes and in such manner as may be specified in the directions. (2) Before giving a direction under this section the Secretary of State shall consult with— (a) the Bus Company; and (b) in the case of a direction requiring the Bus Company to exercise their powers under section 1 of this Act in relation to any of their subsidiaries, every county council in whose area that subsidiary provides bus services. (3) It shall be the duty of the Bus Company (notwithstanding any duty imposed on them by section 24(2) or (3) of the Transport Act 1968) to give effect to any directions given under this section. (4) In section 27(8) of the Transport Act 1962 (duty to make an annual report) after the words “this Act” there shall be inserted the words “or section 3 of the Transport Act 1982”. (5) In this section— “bus services” has the same meaning as in the Transport Act 1968; “county council” includes the Greater London Council.

4 Provision of services for related companies.

(1) The Bus Company may provide for any related company any of the services which they have power to provide for any of their subsidiaries. (2) In this section and section 5 of this Act “related company” means a company as respects which the Bus Company have, or at any time have had, a beneficial interest (either directly or through nominees or subsidiaries) in not less than twenty per cent. of its issued ordinary share capital.

5 Pensions for employees of related companies.

(1) The Secretary of State may make such orders under section 74 of the Transport Act 1962 (power to make provision about pensions in the nationalised transport industry) in relation to related companies as he could make if those companies were subsidiaries of the Bus Company. (2) In exercising with respect to any pension scheme the powers conferred by this section, the Secretary of State shall take into account any representations made by the persons administering the scheme. (3) Except on the application of a related company which is not a subsidiary of the Bus Company, no order shall be made by virtue of this section which has the effect of placing the related company or any of its subsidiaries in any worse position; but for this purpose a related company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Secretary of State. (4) An order such as is mentioned in subsection (3) above which is made without the application of the related company shall not be invalid because it does not have the effect of securing that the related company and its subsidiaries are not placed in any worse position, but except in so far as the related company approves the effect of the order the Secretary of State shall as soon as may be make the necessary amending order. (5) Subsections (3) and (4) above have effect only in relation to orders made after such day as may be appointed for the purposes of this section by order made by the Secretary of State, and different days may be so appointed in relation to different related companies. (6) Where an order (the “first order”) applying to a related company has been made under section 74 and at the time when it was made the related company was a subsidiary of the Bus Company, the order shall not apply to the related company when it ceases to be such a subsidiary except where an order made (at any time) by virtue of this section provides for the first order to continue to apply to the related company. (7) An order made by virtue of this section may, in particular, authorise the Bus Company or any subsidiary of the Company— (a) to transfer liabilities and obligations under a pension scheme in relation to some (but not all) of the participants in that scheme to another pension scheme (the “other scheme”); and (b) to divide or apportion a pension fund held for the purposes of the scheme between that scheme and the other scheme. (8) In this section “participant”, in relation to a scheme, means— (a) in relation to a scheme under which benefits are or will be receivable as of right, a person who has pension rights under the scheme (whether he has contributed or not); and (b) in relation to a scheme under which benefits are not or will not be receivable as of right, a person who (whether he is referred to in the scheme as a member, contributor or otherwise) has contributed under the scheme and has pension rights thereunder.

6 Stamp duty on certain transactions.

(1) Stamp duty shall not be chargeable under section 47 of the Finance Act 1973 in respect of— (a) the formation of a subsidiary of the Bus Company; or (b) any increase in the capital of such a subsidiary; if the transaction concerned is certified by the Treasury as satisfying the requirements of subsections (2) and (3) below. (2) A transaction satisfies the requirements of this subsection if it is effected solely for the purpose— (a) of facilitating such an eventual disposal as is mentioned in section 2(1) of this Act; or (b) of complying with a direction given by the Secretary of State under section 3(1) of this Act. (3) A transaction satisfies the requirements of this subsection if it is entered into solely in connection with a transfer to be effected under section 2 of this Act, takes place on or before the transfer date and does not give rise to an excess of capital. (4) For the purposes of subsection (3) above a transaction gives rise to an excess of capital if— (a) in a case falling within subsection (1)(a) above the total issued capital of the subsidiary exceeds, on the transfer date, the total value of the assets less liabilities transferred; or (b) in a case falling within subsection (1)(b) above, the aggregate amount of the increase of issued capital of the subsidiary exceeds, on that date, that total value; and in this subsection “issued capital” means issued share capital or loan capital.

7 Interpretation of Part I.

In this Part of this Act— “the Bus Company” means the National Bus Company; and “subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985 and “wholly owned subsidiary” shall be construed in accordance with section 736(5)(b) of that Act.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 Determination of plated weights by prescribed testing authority for vehicles subject to type approval.

(1) In section 47 of the 1972 Act (type approval)— (a) in subsections (6), (7)(b) and (10)(a), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”; and (b) in subsection (6), for the word “he” there shall be substituted the words “the Secretary of State or that authority”. (2) The following section shall be substituted for section 49 of the 1972 Act (appeals)— Appeals. 49 (1) A person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or Minister’s approval certificate under section 47 or 48 of this Act, including any determination with respect to design weights or plated weights, may appeal to the Secretary of State. (2) A person aggreived by a determination made by the prescribed testing authority with respect to the plated weights for any goods vehicle may appeal to the Secretary of State. (3) Any appeal under this section must be made within the prescribed time and in the prescribed manner; and on any such appeal the Secretary of State shall have— (a) in a case within subsection (1) above, the like powers and duties as he has on an original application for a type approval or Minster’s approval certificate or in respect of the plated weights to be included in a certificate of conformity; and (b) in a case within subsection (2) above, the like powers and duties as he would have had if the application in respect of the plated weights for the goods vehicle concerned had been made to him. (4) The Secretary of State may hold an inquiry in connection with any appeal under this section and may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry. . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 50 of that Act (regulations for the purposes of sections 47 to 49A and supplementary provisions), the following subsection shall be inserted after subsection (1)— (1A) Without prejudice to the generality of subsection (1) above, regulations made under this section for the purposes of sections 47 to 49A of this Act may provide— (a) for the fees to be payable on any application for a determination by the prescribed testing authority of any plated weights for a goods vehicle; and (b) for the issue by the prescribed testing authority of plates for marking on goods vehicles any plated weights, whether determined by that authority or not (including in particular the issue of such plates on behalf of the Secretary of State for the purposes of section 47(8)) and for the fees to be payable to that authority for the issue of any such plates. ; and in subsection (4)(a) of that section, for the words “subsection (1) above” there shall be substituted the words “this section”.

18 Alteration of plated weights for goods vehicles without examination.

The following section shall be inserted after section 51 of the 1972 Act— Alteration of plated weights for goods vehicles without examination 51A (1) The Secretary of State may by regulations make provision— (a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on examination under regulations made under section 45 or 50 of this Act; and (b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded. (2) Any person aggreived by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit. (3) Without prejudice to the generality of subsection (1) above, regulations under this section— (a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority; (b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 45(6) of this Act in relation to an appeal under subsection (3) of that section and any examination on any such appeal; (c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application; (d) may make provision as to fees to be paid on any such application; (e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and (f) may make different provision for different cases. (4) In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights. (5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above— (a) shall be in the form appropriate for an approval certificate of that description; (b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and (c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certicificate as the certificate it replaces; and any plate so issued in replacement of a plate fixed to the vehicle under section 47 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section. .

20 Amendment of section 72 of 1988 Act.

In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Marking of builders’ skips.

In section 139 of the Highways Act 1980 (control of builders’ skips), at the end of subsection (4)(a) (duty of owner of skip deposited on highway to secure that it is properly lighted) there shall be inserted the following words “and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked”.

67 Extended pension provision for members of transport Boards

In paragraph 8 of Schedule 1 to the Transport Act 1962 (salaries, pensions etc. of members of Boards of nationalised transport industries), in sub-paragraph (1)(b) (Minster may determine pensions to be paid on retirement or death of members of Boards), for the words “on retirement or death” there shall be substituted the words “in the case”.

68 Refusal or withdrawal of disabled persons’ badges.

In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsection— (7A) Where the prescribed conditions are met in the case of any person, then— (a) if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and (b) if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them. The conditions that may be prescribed for the purposes of this susbection are conditions relating to the misuse of badges issued under this section. (7B) A notice under subsection (7A) above may be given by post. (7C) A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect. (7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time. (7E) Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide. .

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 Payments in respect of applicants for exempting from wearing seat belts.

(1) The Secretary of State may make payments out of money provided by Parliament in respect of the examination of applicants falling within any class mentioned in subsection (2) below, being applicants for medical certificates required as a condition of any exception prescribed by regulations under section 33A or 33B of the 1972 Act (wearing of seat belts). (2) The classes referred to in subsection (1) above are— (a) those in receipt of— (i) attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992; (iA) a disability living allowance under section 71 of that Act; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed); or (iv) an allowance under article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 (constant attendance allowance); (v) mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners mobility supplement); or (vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force. (ab) those in receipt of personal independence payment; (ac) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517); (b) those in receipt of universal credit, income support , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), , any element of child tax credit other than the family element or working tax credit and their dependants; (bb) those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) and those persons who (within the meaning of that Act) are members of a couple the other member of which is in receipt of guarantee state pension credit; (c) those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the National Health Service (Scotland) Act 1978 or in receipt of grants under subsection (3) of that section in respect of invalid carriages or other vehicles which belong to them; and (d) those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act 1944. (3) The Secretary of State may by order amend subsection (2) above (whether as originally enacted or as previously amended under this subsection) so as to omit any of the classes mentioned in that subsection or add to or substitute for any of those classes other classes of any description.

71 Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act— (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but (b) shall be subject to annulment in pursuance of a resolution of either House.

72 Application to Crown.

The following provisions of this Act, that is to say— (a) section 25; and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . apply to vehicles and persons in the public service of the Crown.

73 Regulations and orders.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . 76(2) of this Act . . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Regulations made under this Act may— (a) make different provision for different cases; and (b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

74 Minor and consequential amendments and repeals.

(1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act. (2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

75 General interpretation.

In this Act— “the 1967 Act” means the Road Traffic Regulation Act 1967; “the 1972 Act” means the Road Traffic Act 1972; “prescribed” means prescribed by regulations made by the Secretary of State; and “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984.

76 Citation, commencement and extent.

(1) This Act may be cited as the Transport Act 1982. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provisions) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Except for Part I of this Act and the provisions mentioned in subsection (7) below, this Act shall not extend to Northern Ireland. (7) The provisions referred to in subsection (6) above are— (a) sections 66, 67 and 71 of this Act; and (b) the amendments in paragraphs 5 and 20 of Schedule 5 to this Act of, respectively, section 48(2) of the Transport Act 1968 and Part III of Schedule 1 to the House of Commons Disqualification Act 1975. (8) In subsection (4) above, “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.

SCHEDULES 1—3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part I Provisions Inserted After Section 69 of the Transport Act 1968 Control of operating centres for goods on environmental grounds Operating centres for authorised vehicles to be specified in operators’ licences. 69A (1) A person may not use a place in the area of any licensing authority as an opertaing centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence. (2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will be an operating centre of the applicant if the licence is granted. (3) Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section. (4) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £500. Objection to, and refusal or modification of, applications for operators’ licences on environmental grounds. 69B (1) Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operator’s licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such. (2) In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, 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 is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable or prejudicially affecting the use or enjoyment of the land. (3) Where any objection or representations are duly made under this section in respect of any application for an operator’s licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place. (4) Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence were granted, would be an operating centre of the holder of the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section. (5) A licensing authority may not refuse an appliction for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards— (a) the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or (b) the use of any such place already in use as an operating centre under an existing licence so granted. (6) Without prejudice to the power of a licensing authority to issue an operator’s licence subject to either or both of the modifications or limitations mentioned in section 64(4) of this Act, in any case where— (a) the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and (b) any place other that a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant; the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre. For the purposes of this subsection, a place referred to in any such statement given to a licensing authority by an applicant for an operator’s licence is unsuitable for use as an operating centre if the licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre. (7) A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application shall not be treated as an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit. Conditions as the use of operating centres. 69C (1) Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence of any operating centre of the holder of the licence in the area of the authority. (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 holder of the licence in the area of the authority 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) Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section. (4) The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exercisable inaccordance with section 69D of this Act on an application by the holder for variation of the licence. (5) Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence. (6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding £500. Variation of operators’ licences with respect to operating centres and conditions affecting thier use, etc. 69D (1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing— (a) that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or (b) that any condition attached to the licence under section 69C of this Act shall be varied or removed. (2) A person applying for the variation of an operator’s licence under this section shall give to the licensing authority such information as he may require for the discharge of his duties in relation to the application. (3) The licensing authority shall publish in the prescribed manner notice of any application for a variation under this section, unless the licensing authority 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. (4) Any person entitled to object to the grant of any application for a variation of which notice has been published under section 68(4) of this Act may object to the grant of any application for a variation of which notice has been published under section 68(4) or under subsection (3) of this section on either of the following grounds, that is to say— (a) that any place which, if the application for variation is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such; or (b) that the use in any manner which will be permitted if the application for the variation is granted of any operating centre of the holder of the licence will have adverse effects on the environmental conditions in the vicinity of that centre. (5) Subject to subsection (6) of this section, any person who is the owner or occupier of land in the vicinity of— (a) any place which, if the application for the variation is granted, will be an operating centre of the holder of the licence; or (b) any existing operating centre of the holder of the licence to which the application relates; may make representations against the grant of any application for a variation of which a notice has been published under section 68(4) of this Act or under subsection (3) of this section on either grounds mentioned in subsection (4) of this section, but so far only as relates to that place or operating centre. (6) A person may not by virtue of subsection (5) of this section make representations against the grant of an application for variation of an operator’s licence unless any adverse effects on the environmental conditions arising from the use of the place or operating centre in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned. (7) Where any objection or representations are duly made under this section in respect of any application for a variation of an operator’s licence, the licensing authority may refuse the application in any case where it appears to him that the application ought to be refused on either of the grounds mentioned in subsection (4) of this section. (8) In any case in which the licensing authority grants an application for a variation of an operator’s licence of which notice has been published under section 68(4) of this Act or under subsection (3) of this section, the licensing authority may direct that any condition attached to the licence under section 69C of this Act shall be varied or removed or that a condition shall be attached to the licence under that section. (9) If the applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under subsection (1) or (8) of this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsections (3) to (7) of this section be treated as an application for a variation under this section. Publication of notice of applications for licences and variations in localities affected. 69E (1) The licensing authority for any area shall refuse— (a) any application to the authority for an operator’s licence; and (b) any application to the authority for the variation of an operator’s licence of which notice has been published under section 68(4) or 69D(3) of this Act; without considering the merits of the appliation unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published within the period mentioned in subsection (2) of this section in a local newspaper or newspapers circulating in each locality affected by the application. (2) The period referred to in subsection (1) of this section is the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date. (3) For the purposes of this section a locality shall be taken to be affected by an application to a licensing authority for, or for the variation of, an operator’s licence if it contains any place in the area of the authority which will be an operating centre of the holder of the licence if the application is granted, or (in the case of an application for variation) any existing operating centre of the holder of the licence to which the application relates. Revocation etc. of operators’ licences for breach of provisions controlling use of operating centres. 69F (1) Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contravened section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect. (2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section. Provisions supplementary to sections 69A to 69F. 69G (1) Any objection or representations under section 69B or 69D of this Act shall contain particluars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations. (2) Any objection or representations under either of those sections with repsect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which— (a) may differ for representations from that prescribed for objections; and (b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) or 69D(3) of this Act. (3) In making any of the following determinations, that is to say— (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence; (b) any determination with respect to attaching any condition under section 69C of this Act to an operator’s licence or varying or removing any condition so attached; (c) any determination with respect to the effect on environmental conditions in any locality of the use in any particluar manner of any operating centre of the holder of an operator’s licence; the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description. (4) In making anny such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for, or for the variation of, an operator’s licence, the licensing authority shall also have regard to— (a) any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and (b) any objections or representations duly made under section 69B or 69D. (5) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require. (6) For the purposes of sections 69D(5)(b) and 69E(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any condition attached to the licence which the application seeks to have varied or removed relates to that centre. Part II Other Amendments of Transport Act 1968 Amendments consequential on Part I 1 In section 63 of the Transport Act 1968 (objections to grant of operators’ licences)— (a) in subsection (1) the words “Subject to subsection (2) of this section” shall be omitted ; (b) subsection (2) shall be omitted ; and (c) in subsection (3), for the words from “of which” to “this section” there shall be substituted the words “ for an operator’s licence ”. 2 In section 64 of that Act (grounds for objection to application for a licence under section 63 and decision of licensing authority on applications)— (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and (b) in subsection (3), after the words “subsection (4) of this section” there shall inserted the words “ and section 69B of this Act ”. 3 In section 68 of that Act (variation of operators’ licences)— (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and (b) in subsection (4), paragraph (a) shall be omitted, and for the words “the said section 63” (where first occurring) there shall be substituted the words “ section 63 of this Act ”. 4 In section 70(1)(b) of that Act (right of appeal for persons aggreived by certain directions or orders), after the words “69(1) to (7A)” there shall be inserted the words “ or 69F(1) ”. 5 In section 87(3) of that Act (inquiries by licensing authorities as to proposed exercise of powers under section 69), after “69” there shall be inserted the words “ or 69F ”. 6 In section 91 of that Act (regulations and orders for purposes of Part V)— (a) in paragraph (a), for the words “section 69” there shall be substituted the words “ sections 69 and 69F ” ; and (b) in paragraph (d), after “69” there shall be inserted the words “ or 69F ”. 7 In section 92 of that Act— (a) in subsection (1) (interpretation of particluar expressions used in Part V), the following definition shall be inserted at the appropriate point in alphabetical order— “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to recieve the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let and (b) at the end of subsection (3) (construction of references to directing that an operator’s licence be curtailed), there shall be added the following paragraph— (d) that any one or more of the places specified in the licence as operating centres be removed therefrom . Extension of right to object 8 In section 63 of that Act (objections to grant of operators’ licences)— (a) in subsection (3) (persons entitled to object) the following paragraph shall be inserted after paragraph (c)— (d) a planning authority and (b) in subsection (6) the following definitions shall be inserted after the definition of “local authority”— “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 Town and Country Planning Act 1971 (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 Town and Country Planning (Scotland) Act 1972 (general planning control) ; “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 ; and

SCHEDULE 5 Minor and Consequential Amendments

Section 74. 1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Act 1968 (c. 73) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road Traffic (Foreign Vehicles) Act 1972 (c. 27) 18, 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Act 1981 (c. 56) 25 . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 Repeals

Section 74. Chapter | Short title | Extent of repeal 1967 c. 76. | Road Traffic Regulation Act 1967. | Section 72(2) and (4). Section 80. Section 81(4). In section 87, the word “80”. In section 107(2), the words from “This subsection” to the end. 1968 c. 73. | Transport Act 1968. | In section 59, in subsection (1) the words “and by Schedule 9 thereto”, and in subsection (2) the words “and the said Schedule”. Section 62(3). In section 63, in subsection (1) the words “Subject to subsection (2) of this section” and subsection (2). Section 64(2)(b). Section 65. In section 67(5), the words from “and a licence” to the end. In section 68, subsections (1)(c) and (4)(a). In section 69, in subsection (1)(a) the words “section 65 of this Act or”, and in subsection (4)(b) the words “or Schedule 9 thereto” in sub-paragraphs (i) and (ii). In section 82(6), the words “or Schedule 9 thereto”. In section 84, the words “or a transport manager’s licence” in paragraphs (a) and (d). In section 87, the words “or Schedule 9 thereto” in subsections (1) and (4) and in paragraphs (b) and (c) of subsection (5). In section 88, the words “or Schedule 9 thereto” in subsections (1) and (3) and the words “and Schedule 9 thereto” in subsection (2). In section 89, in subsection (1) the words from “and in respect” to the end and in subsection (2) the words “or Schedule 9 thereto”. In section 90, the words “and Schedule 9 thereto” in subsections (1) and (3)(b). In section 91, in subsection (7) the words “or Schedule 9 thereto” and in subsection (8) the words “or the said Schedule 9”. In section 92, the words “and Schedule 9 thereto” in subsections (1) and (5). Section 94(3). Section 131(1) to (3). Schedule 9. 1972 c. 20. | Road Traffic Act 1972. | In section 45— (a) subsection (4); (b) in subsections (5), (6)(g), (8) and (9), the words “or (4)”; and (c) in subsection (6)(c)(i), the words “and (4)”. In section 50(1)(c) the words “and (4)”. Section 188(4)(b). In Schedule 7, the paragraphs amending, respectively, section 80(1)(a) and (e) of the Road Traffic Regulation Act 1967. 1973 c. 44. | Heavy Commercial Vehicles (Controls and Regulations) Act 1973. | Section 1(7). 1974 c. 50. | Road Traffic Act 1974. | Section 1. In section 3— (a) in subsection (1)(a), the words “section 1(6) or”; (b) in subsection (2), the words “section 1 or, as the case may be”; (c) subsection (3)(a); (d) in subsection (4), the words “section 1, or as the case may be”; and (e) in subsection (5), the words “section 1(6) or,” in the first place where they occur, and the words “section 1(6) or, as the case may be”. In section 4— (a) in subsection (1), the words “section 1(8) or”; and (b) in subsection (4)— (i) the words “with any such offence as is specified in section 1(1)(b) above or”; and (ii) in paragraph (a), the words “section 1(6) or”; and (c) subsection (5). In section 5— (a) in subsection (1)— (i) in the definition of “appropriate period” the words “section 1(6) or”; (ii) paragraph (a) of the definition of “driver”; (iii) the definitions of “fixed penalty” and “fixed penalty notice”; and (iv) paragraph (a) of the definition of “relevant time”; (b) in subsection (5), the words “section 1(6) or”; and (c) in subsection (8), the words “1(7) or” and “1(6) or”. In Part II of Schedule 2, paragraph 16. In Part II of Schedule 5, the entry relating to section 80(8). In Part III of Schedule 5, the entry relating to section 44(1). In Schedule 6, paragraph 8. 1977 c. 45. | Criminal Law Act 1977. | In Schedule 12, paragraph 3 of the entry relating to the Road Traffic Regulation Act 1967. 1978 c. 55. | Transport Act 1978. | In Schedule 3, paragraphs 3 and 5. 1979 c. 55. | Justices of the Peace Act 1979. | In Schedule 2, paragraph 15. 1980 c.34. | Transport Act 1980. | In section 66(2), the words from “and” in the second place where it occurs to the end. 1980 c. 62. | Criminal Justice (Scotland) Act 1980. | Section 31. 1981 c. 14. | Public Passengers Vehicles Act 1981. | In section 9(8), the words from “and a person aggrieved” to the end. In Schedule 7, paragraph 13 and, in paragraph 14, the words “58(2)” and “173(2)”.