(1) Regulations may make provision with respect to public service vehicles for—
(a) the determination by or under the regulations of the number of the seated passengers and standing passengers respectively for whom a vehicle is constructed or adapted and fit to carry;
(b) the determination by or under the regulations of the number of such passengers respectively who may be carried in a vehicle;
(c) the marks to be carried on a vehicle showing those numbers and the manner in which those marks are to be carried.
(2) Subject to section 68(1) and (3) of this Act, if a person contravenes, or fails to comply with, a provision of regulations having effect by virtue of this section, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
29 Avoidance of contracts so far as restrictive of liability in respect of death of or injury to passengers in public service vehicles.
A contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of a person in respect of a claim which may be made against him in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.
This section does not apply to anything that is governed by Article 6 of the 2011 Regulation.
(1) The operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless condition 1 or 2 is met.
(2) Condition 1 is that—
(a) the operator has, within the past three years, checked a relevant enhanced criminal record certificate issued within that period relating to the person who is to drive the vehicle, and
(b) the certificate does not show that the person is barred from regulated activity relating to children.
(3) Condition 2 is that—
(a) the operator has, within the past three years, checked—
(i) a relevant enhanced criminal record certificate relating to the person who is to drive the vehicle, and
(ii) up-date information given, within the past three years, under section 116A of the Police Act 1997 in relation to the certificate,
(b) the certificate does not show that the person is barred from regulated activity relating to children, and
(c) the up-date information is not advice to request the person to apply for a new enhanced criminal record certificate.
(4) In this section—
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997;
“relevant enhanced criminal record certificate” means an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children.
29B Application of section 29A duty: services in Wales
(1) Section 29A (duty to check barring information) applies in relation to a school service that takes up or sets down passengers at one or more points in Wales only if regulations made by the Secretary of State so provide.
(2) But the regulations may not provide for that section to apply in relation to—
(a) a service for the carriage of passengers by road at separate fares—
(i) that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
(ii) to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru, or
(b) a service that is provided under arrangements made by a body to which the duty in section 15(1) of the Learner Travel (Wales) Measure 2008 applies (duty of local authorities and governing bodies to have regard to guidance given by Welsh Ministers).
(1) A reference in this Part to regulated activity relating to children is to be construed in accordance with Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
(2) For the purposes of this Part, a person drives a public service vehicle for a school service where—
(a) by driving the vehicle the person is engaging in regulated activity relating to children by virtue of paragraph 2(1)(f) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006,
(b) the children using the service are being conveyed between their homes and institutions for providing primary, secondary or further education that they are attending, and
(c) the vehicle is being used in circumstances such that a PSV operator’s licence is required for its use.
(3) In this Part—
(a) “primary education”, “secondary education” and “further education” have the meanings given in the Education Act 1996 (see section 2 of that Act);
(b) “children” means persons who have not attained the age of 18.
(1) Subject to subsection (2) below, a local authority may—
(a) use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;
(b) use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . service;
and sections 6, 8, 9, and 12(1) of this Act shall not apply to a school bus belonging to a local authority in the course of its use by the authority in accordance with this subsection.
(2) Subsection (1) above does not affect the duties of a local authority in relation to the provision of free school transport or authorise a local authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.
(3) In this section—
“free school transport” means transport provided by a local authority free of charge—
in pursuance of arrangements under section 508B(1), section 508C(1), section 508F(1), section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996,
in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes), or
in pursuance of arrangements under sections 3 or 4 of the Learner Travel (Wales) Measure 2008, or
otherwise, in the exercise of any function of the authority,
for the purpose of facilitating the attendance of persons receiving education or training at any premises;
“local authority” has the meaning given by section 579(1) of the Education Act 1996;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“school bus”, in relation to a local authority , means a motor vehicle which is used by that authority to provide free school transport.
(4) In the application of this section to Scotland—
(a) for the references to a local authority there shall be substituted references to an education authority;
(b) in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and
(c) in subsection (3) above for the definition of “free school transport” there shall be substituted—
“free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)
.
(1) Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his, or of another traffic commissioner—
(a) to grant or refuse an application for a PSV operator’s licence; or
(b) to grant or refuse an application for the variation of a PSV operator’s licence,
if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision.
(2) A traffic commissioner may only review a decision under subsection (1) above—
(a) if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;
(b) if, within that period, a person who appears to him to have an interest in the decision has requested that the decision be reviewed by a traffic commissioner; or
(c) where neither paragraph (a) nor paragraph (b) above applies, if he considers there to be exceptional circumstances that justify the review.
(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) above are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.
(1) An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Upper Tribunal against any decision of a traffic commissioner—
(a) to refuse to grant the licence in accordance with the application; or
(b) to attach any condition to the licence otherwise than in accordance with the application.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Upper Tribunal .
(4) The holder of a PSV operator’s licence may appeal to the Upper Tribunal against any decision of a traffic commissioner—
(a) to refuse his application for the variation or removal of any condition attached to the licence; or any undertaking recorded in it
(b) to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or
(c) to revoke or suspend the licence ... .
(4A) A person who—
(a) within the prescribed period has made an application for a review under section 49A of this Act; and
(b) has been certified by a traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section,
may appeal to the Upper Tribunal against the refusal of the application.
(5) Where—
(a) the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or
(b) any person in respect of whom any such order or direction has been made or given;
is aggrieved by the order or direction he may appeal to the Upper Tribunal.
(5A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State
(6) A traffic commissioner—
(a) making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;
(b) making any such order or giving any such direction as is mentioned in subsection (5) above;
may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Upper Tribunal and, if an appeal is made, until it is disposed of.
(6A) A person aggrieved by the refusal of a certifying officer or public service vehicle examiner or by the refusal of an authorised inspector to remove a prohibition under section 9(1) of this Act may appeal to the Secretary of State.
(6B) On any appeal under subsection (5A), (6) or (6A) above the Secretary of State shall cause an examination of the vehicle concerned to be made 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.
(7) Where a traffic commissioner has given a direction under subsection (6) above he or another traffic commissioner may withdraw it at any time.
(8) If a traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Upper Tribunal ... .
(9) This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).
(1) A person applying for—
(a) a certificate of initial fitness under section 6 of this Act; or
(b) a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
may appeal to the Secretary of State against the refusal of an examiner to issue such a certificate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.
(4) On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the examiner for giving effect to his decision; and it shall be the duty of the examiner to comply with any such directions.
(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged—
(a) by a traffic commissioner in respect of—
(i) applications for, and the grant of, PSV operators’ licences ... ;
(ia) applications under section 16(6) of this Act and the grant of such applications;
(ib) the continuation in force of PSV operators’ licences;
(ii) applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to a traffic commissioner and the issue of certificates on such applications;
(iii) the issue of operators’ discs under section 18 of this Act;
(iv) applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and
(v) applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;
(b) by the traffic commissioner for each traffic area ... in respect of—
(i) applications for, and the issue of, licences to drive public service vehicles; and
(ii) the provision by the traffic commissioner ... of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.
(2) A traffic commissioner ... may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—
(a) any such application as is mentioned in subsection (1) above;
(b) the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;
(bb) the issue of any certificate, disc or other document referred to in subsection (1) above; or
(c) the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,
until the fee or instalment in question has been paid.
(2A) If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—
(a) the application shall be treated as withdrawn at that time;
(b) any decision made on the application ceases to have effect at that time; and
(c) any licence granted in pursuance of such a decision terminates at that time.
(2B) If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—
(a) the application shall be treated as withdrawn at that time;
(b) any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.
(2C) If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—
(a) the continuation in force of the licence; or
(b) the issue of operators’ discs under section 18(2C) of this Act,
is not duly paid by the prescribed time, the licence terminates at that time.
(2D) If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.
(2E) A traffic commissioner may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
(2F) Where a traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—
(a) report any matter to the Secretary of State; or
(b) give him notice of any alteration,
during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.
(3) Any fees received by a traffic commissioner by virtue of this section ... shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) There shall be paid in every year out of moneys provided by Parliament such sums as the Secretary of State may, with the consent of the Minister for the Civil Service, direct in respect of the salaries, remuneration, establishment charges, and other expenses of . . . traffic commissioners, . . ., and any other officer or servant appointed by the Secretary of State for the purposes of Part I, or II . . . of this Act, including any expenses incurred in connection with the employment of police officers as . . . vehicle examiners.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.
(2) Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons a single inquiry may be held in response to those requests.
(3) Subject to any provision made by regulations, any inquiry held under this section shall be public.
(4) Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.
(5) Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.
(6) Regulations may make provision, in relation to orders under subsection (5) above, as to—
(a) the method of calculating the amount of any costs incurred as mentioned in that subsection; and
(b) the maximum amount which may be ordered to be paid under such an order.
(7) Any amount so ordered to be paid by any person may be recoverable from him—
(a) in England and Wales, as a debt due to the Crown; or
(b) in Scotland, by the Secretary of State.
(8) 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 be disclosed, so long as that trade or business continues to be carried on, except—
(a) with the consent of the person for the time being carrying it on;
(b) for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below or under the 2009 Regulation or the 2011 Regulation; or
(c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment or the 2009 Regulation or the 2011 Regulation (including proceedings before the Upper Tribunal);
and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(9) The enactments referred to in subsection (8)(b) and (c) above are—
(a) sections 12 to 21 of this Act; ...
(b) sections 24 to 28 of the Transport Act 1985
(c) the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.
(10) The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
55 Annual report of traffic commissioners and metropolitan police commissioner.
Each traffic commissioner shall make an annual report to the Secretary of State on his proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . .
(1) Each traffic commissioner ... shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by ... him under this Act and shall allow the record to be inspected at all reasonable times by members of the public.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.
(1) This section applies in any case where it appears to a traffic commissioner that there is a clerical error in a document purporting to record, or which is issued in consequence of, a decision taken by any traffic commissioner in the exercise of his functions.
(2) In any such case, the traffic commissioner may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.
(1) A PSV operator’s licence ... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.
(2) A PSV operator’s licence ... held by an individual terminates if he—
(a) dies, or
(b) is made bankrupt or has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or
(c) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.
(3) In relation to a PSV operator’s licence ... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.
(4) A traffic commissioner may—
(a) direct that the termination of a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the commissioner that there are special circumstances, eighteen months, and
(b) authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioner may impose.
(5) In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).
(1) Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.
(2) A PSV operator’s licence . . . shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.
59 Power to make regulations as to procedure on applications for licences.
Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—
(a) applications for the grant of PSV operator’s licences, . . . or licences to drive public service vehicles,
(b) applications or proposals for the variation of conditions attached to PSV operators’ licences . . . ,
(c) the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and
(d) the surrender of licences,
and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.
60 General power to make regulations for purposes of Act.
(1) The Secretary of State may make regulations . . . for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—
(a) the forms to be used for the purpose of this Act;
(b) applications for and issue of licences and of certificates of initial fitness;
(c) the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;
(f) the documents, plates and marks to be carried by, and the information to be displayed in or on public service vehicles and the manner in which they are to be carried or it is to be displayed;
(g) the badges to be worn by drivers of public service vehicles;
(h) the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to traffic commissioners . . . , of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;
(j) the carriage of luggage and goods on public service vehicles or tramcars;
(k) the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle or tramcar and fixing the charges made in respect thereof;
(l) the equipment to be carried by public service vehicles;
(m) for providing that this Act or, any provision thereof, shall have effect in relation to—
(i) public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and
(ii) public service vehicles registered outside Great Britain,
with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—
(a) make different provision as respects different areas; and
(b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.
(1B) Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.
(2) In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Exercise of regulation making powers and parliamentary control thereof.
(1) Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Before making any regulations under . . . this Act the Secretary of State shall consult with such representative organisations as he thinks fit.
64 Exclusion of certain enactments as respects Metropolitan Traffic Area.
(1) As respects the Metropolitan Traffic Area, the Metropolitan Public Carriage Act 1869 and the London Cab and Stage Carriage Act 1907 shall not apply to a public service vehicle or to the driver or conductor thereof.
(2) As respects the Metropolitan Traffic Area, no local authority shall exercise under the Town Police Clauses Act 1847 any powers with respect to public service vehicles or the licensing thereof or of their drivers or conductors.
(1) This section applies to the following documents and other things, namely—
(a) a licence under Part II ... of this Act;
(ea) a control document issued in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395);
(b) a certificate of initial fitness under section 6 of this Act;
(bb) a notice removing a prohibition under section 9 of this Act;
(c) a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
(d) an operator’s disc under section 18 of this Act;
(e) a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A person who, with intent to deceive—
(a) forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or
(b) makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,
shall be liable—
(i) on conviction on indictment, to imprisonment for a term not exceeding two years;
(ii) on summary conviction, to a fine not exceeding the statutory maximum.
(3) In the application of this section to England and Wales—
“forges” means makes a false document or other thing in order that it may be used as genuine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who knowingly makes a false statement for the purpose of—
(a) obtaining the grant of a licence under Part II . . . of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;
(b) obtaining the issue of a certificate of initial fitness under section 6 of this Act;
(c) obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
(d) obtaining the issue of an operator’s disc under section 18 of this Act; ...
(e) obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person; or
(f) obtaining the issue of a control document in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018;
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . ) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
68 Defences available to persons charged with certain offences.
(1) It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.
(2) The provisions referred to in subsection (1) above are—
(a) sections 19(5), 20(4), 24(2) ..., 25(3), 26(2), . . . , 67 and 70(3); . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.
(4) The provisions referred to in subsection (3) above are—
(a) sections 6(2), . . ., 12(5), 16(7), 18(4), 26(2), and 27(2); . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69 Restriction on institution in England and Wales of proceedings under Part II or III.
(1) Subject to the provisions of this section proceedings for an offence under Part II . . . of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by a traffic commissioner, a chief officer of police, or the council of a county or district.
(2) Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Duty to give information as to identity of driver in certain cases.
(1) Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . of this Act—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.
(2) A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) In any proceedings in England or Wales for an offence under Part II . . . of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—
(a) that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or
(b) that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or
(c) that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,
shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.
(2) Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
(3) Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—
(a) unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
(b) if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.
(4) In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.
72 Proof in summary proceedings of identity of driver of vehicle.
Where on a summary trial in England or Wales of an information for an offence under Part II . . . of this Act—
(a) it is proved to the satisfaction of the court, on oath or in a manner prescribed by Criminal Procedure Rules, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused in accordance with Criminal Procedure Rules; and
(b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
73 Time within which summary proceedings for certain offences may be commenced.
Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(1) Where an offence under Part II . . . of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).