Public Passenger Vehicles Act 1981

76 General power to hold inquiries.

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77 General provisions as to inquiries.

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78 Power of Minister to modify or revoke restrictions in local Acts.

Where the running of public service vehicles is restricted or prohibited by any provision contained in— (a) a local Act (including an Act confirming a provisional order) passed before the commencement of subsection (2) of section 43 of the Transport Act 1980; or (b) an instrument made before the commencement of that subsection under any such local Act, the Secretary of State may, on the application of any person affected by the restriction or prohibition, by order made by statutory instrument modify or revoke the restriction or prohibition.

79 Vehicles excluded from regulation as private hire vehicles.

At any time when a vehicle would apart from section 1(4)of this Act be a public service vehicle, it shall continue to be treated as such for the purposes only of provisions contained in a local Act, in sections 10 to 23 of the Civic Government (Scotland) Act 1982, in the Private Hire Vehicles (London) Act 1998 or in Part II of the Local Government (Miscellaneous Provisions) Act 1976, which regulate the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and exclude public service vehicles from the scope of that regulation.

79A Small PSVs subject to regulation as private hire vehicles.

(1) If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of— (a) Part II of the Local Government (Miscellaneous Provisions) Act 1976, or (b) any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation. (2) If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the Private Hire Vehicles (London) Act 1998. (3) But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses. (4) In this section— “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and “large buses” means public service vehicles within paragraph (a) of that subsection.

80 Construction of references to traffic areas.

(1) References in this Act to a traffic area constituted for the purposes thereof by a particular designation are references to the area described by that designation in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990. (2) Subsection (1) above has effect subject to the powers of the Secretary of State under section 3 of this Act to vary the provisions of this Act constituting traffic areas; . . . (3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81 Interpretation of references to the operator of a vehicle or service.

(1) For the purposes of this Act— (a) regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator’s licence to another under a hiring arrangement; and (b) where regulations under paragraph (a) above do not apply, the operator of a vehicle is— (i) the driver, if he owns the vehicle; and (ii) in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82 General interpretation provisions.

(1) In this Act, unless the context otherwise requires— “certificate of initial fitness” has the meaning given by section 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “company” means a body corporate; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “contravention”, in relation to any condition or provision includes a failure to comply with the condition or provision, and “contravene” shall be construed accordingly; “director”, in relation to a company, includes any person who occupies the position of a director, by whatever name called; “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “fares” include sums payable in respect of a contract ticket or a season ticket; “international operation” means a passenger transport operation starting or terminating in the United Kingdom and involving an international journey by the vehicle concerned, whether or not any driver leaves or enters the United Kingdom with that vehicle; “local authority” means— in relation to England and Wales, any local authority within the meaning of the Local Government Act 1972; in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “local service” has the same meaning as in the Transport Act 1985; “magistrates’ court” has the same meaning as in the Magistrates’ Courts Act 1980; “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “national operation” means a passenger transport operation wholly within the United Kingdom; “official PSV testing station” has the meaning given by section 8(3); “operating centre”, in relation to a vehicle, means the base or centre at which the vehicle is normally kept; “operator” has the meaning given by section 81; “owner”, in relation to a vehicle which is the subject of an agreement for hire, hire-purchase, conditional sale or loan, means the person in possession of the vehicle under that agreement, and references to owning a vehicle shall be construed accordingly; “prescribed” has the meaning given by section 60(2); “prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed “PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of this Act; “public service vehicle” has the meaning given by section 1; “the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; “the 2009 Regulation (EU)” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, as that Regulation has effect in EU law; “the 2011 Regulation” means Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004; ... “relevant conviction” means a conviction (other than a spent conviction) of any offence prescribed for the purposes of this Act, or an offence under the law of Northern Ireland, or of a country or territory outside the United Kingdom, corresponding to an offence so prescribed; “restricted licence” means such a PSV operator’s licence as is mentioned in section 13(3); “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; “the Scottish traffic commissioner” is to be read in accordance with section 4(1)(b) (the traffic commissioner for the Scottish Traffic Area); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “standard licence” means a PSV operator’s licence which is not a restricted licence; “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978; “traffic commissioner” means a commissioner appointed under section 4; “tramcar” includes any carriage used on any road by virtue of an order made under the Light Railways Act 1896; “transport manager” has the same meaning as in the 2009 Regulation; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function. (2) Any reference in this Act to an EU instrument or to a particular provision of such an instrument— (a) is a reference to that instrument or provision as amended from time to time, and (b) if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it. (3) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

83 Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

(1) A provision of an Act other than this Act or of an instrument having effect under an enactment not repealed by this Act which (however expressed) defines “public service vehicle”, . . . by reference to the Road Traffic Act 1930 or the Road Traffic Act 1960 shall have effect as if it provided that that expression should be construed in like manner as if it were contained in this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Protection of public interests.

(1) It is hereby declared that nothing in this Act is to be treated as conferring on the holder of a licence granted thereunder any right to the continuance of any benefits arising from, or from a licence granted under, this Act, or from any conditions attached to any such licence. (2) In the event of an undertaking by which a service of public service vehicles is provided being purchased compulsorily by a local or public authority, that part of the value of the undertaking attributable directly or indirectly to this Act shall not be taken into account.

85 Saving for law of nuisance.

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

86 Saving for sections 16 and 17 of the Interpretation Act 1978.

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

87 Power of Secretary of State to repeal section 10 of this Act.

The Secretary of State may by order made by statutory instrument repeal section 10 of this Act from such day as may be specified in the order, and any such order may include provision, to take effect on that day, for the repeal of sections 6(1)(b), 51(1)(b), 65(1)(c) and 66(c) of this Act.

88 Transitional provisions, consequential amendments and repeals.

(1) This Act shall have effect subject to the transitional provisions set out in Schedule 6 to this Act. (2) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act. (3) The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

89 Short title, commencement and extent.

(1) This Act may be cited as the Public Passenger Vehicles Act 1981. (2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) This Act does not extend to Northern Ireland.

SCHEDULE 1 Public Service Vehicles: Conditions Affecting Status or Classification

Sections 1 and 2. Part I Sharing of Taxis and Hire-Cars 1 The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey. 2 (1) The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force. (2) In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph “local authority” means— (a) in relation to England and Wales, the council of a county, metropolitan district or London borough and the Common Council of the City of London; (b) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Alternative Conditions Affecting Status or Classification 5 Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of— (a) the holder of the PSV operator’s licence under which the vehicle is to be used, if such a licence is in force. (b) the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force, and otherwise than by any person who receives any remuneration in respect of the arrangements. 6 The journey must be made without previous advertisement to the public of the arrangements therefor. 7 All passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey. 8 No differentiation of fares for the journey on the basis of distance or of time must be made. Part IV Supplementary 9 For the purposes of paragraphs 2 and 6 above no account shall be taken of any such advertisement as follows, that is to say— (a) a notice displayed or announcement made— (i) at or in any place of worship for the information of persons attending that place of worship; (ii) at or in any place of work for the information of persons who work there; or (iii) by any club or other voluntary association at or in any premises occupied or used by the club or association; (b) a notice contained in any periodical published for the information of, and circulating wholly or mainly among— (i) persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place; or (ii) persons who work at a particular place of work or at any of two or more particular places of work; or (iii) the members of a club or other voluntary association.

SCHEDULE 2 Traffic Commissioners

Terms of service of traffic commissioners 1 The Secretary of State may remove a traffic commissioner from his office on the grounds that the traffic commissioner— (a) has misbehaved; or (b) is unable, unfit or unwilling to perform the functions of traffic commissioner to a standard which the Secretary of State considers satisfactory. 2 If a traffic commissioner acquires a financial interest in a transport undertaking which carries passengers or goods by road within Great Britain he shall, within four weeks after so doing, give notice of that acquisition in writing to the Secretary of State specifying the interest so acquired and the Secretary of State, after taking the matter into consideration, may if he thinks fit declare that the traffic commissioner has vacated his office. Deputy traffic commissioners for England and Wales 2A (1) The Secretary of State may appoint such number of persons to be deputy traffic commissioners for England and Wales as the Secretary of State thinks fit. (2) A deputy traffic commissioner for England and Wales— (a) may exercise any functions of a traffic commissioner in any traffic area in England and Wales; and (b) may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters. (3) Appointment as a deputy traffic commissioner for England and Wales shall be upon such terms and conditions, including conditions as to the time to be devoted to the duties of the office, as the Secretary of State may determine. (4) A deputy traffic commissioner for England and Wales shall carry out such of the functions of that office as the senior traffic commissioner may determine under section 4B of this Act— (a) in relation to such matters relating to England and Wales, or (b) as respects Scotland, in relation to such reserved matters, as the senior traffic commissioner may so determine. (5) A deputy traffic commissioner for England and Wales shall carry out such of those functions as the senior traffic commissioner may determine under section 4B of this Act at such places— (a) in England and Wales, or (b) in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland, as the senior traffic commissioner may so determine. (6) In this paragraph “reserved matters” means reserved matters within the meaning of the Scotland Act 1998. Appointment and terms of office of deputies to traffic commissioners in Scotland 2B Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic Area only. 3 In the case of illness, incapacity or absence of a traffic commissioner, the Secretary of State may appoint some other person to act as his deputy. 4 If the Secretary of State considers that the duties to be performed by a traffic commissioner, or any deputy appointed under paragraph 3 above to the traffic commissioner, cannot conveniently or efficiently be performed by one person, the Secretary of State may appoint one or more persons to act as deputy to the traffic commissioner. 5 A person appointed under paragraph 4 above shall be appointed upon such terms and conditions, including conditions as to the time which he is to devote to the duties of his office, as the Secretary of State may determine, and shall act for the traffic commissioner whose deputy he is in such matters as the traffic commissioner, or any deputy appointed by reason of the traffic commissioner’s illness, incapacity or absence, may from time to time direct or as the Secretary of State may from time to time by general directions require, and for that purpose shall exercise and perform all the powers and duties of the traffic commissioner. Appointment of acting traffic commissioner during vacancy 5A (1) Where the office of any traffic commissioner for England and Wales becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as a traffic commissioner for England and Wales pending the appointment of a new traffic commissioner under section 4 of this Act. (2) Any person appointed under sub-paragraph (1) above shall— (a) hold office for such period as the Secretary of State specifies when making the appointment; and (b) during that period be treated for all purposes (except those of paragraph 9 below) as a traffic commissioner for England and Wales. 6 (1) Where the office of traffic commissioner for any traffic area in Scotland becomes vacant the Secretary of State may, pending the appointment of a new traffic commissioner for that area under section 4 of this Act, appoint a person (whether or not over the age of sixty-five) under this paragraph to act as traffic commissioner for that area for a limited period. (2) Any person appointed under sub-paragraph (1) above shall— (a) hold office for such period as the Secretary of State specifies when making the appointment; and (b) during that period be treated for all purposes (except those of paragraph 9 below) as the traffic commissioner for the traffic area in question. Staff of traffic commissioners 7 Subject to the approval of the Treasury, the Secretary of State may appoint such persons to act as officers and servants of a traffic commissioner as he considers appropriate. Remuneration and pensions 8 (1) There shall be paid to a traffic commissioner and deputy traffic commissioner, and to the persons acting as officers or servants of a traffic commissioner, such remuneration and allowances as may be determined by the Secretary of State with the consent of the Treasury. (2) There shall be paid to the senior traffic commissioner such additional remuneration in respect of the responsibilities of that office as may be so determined. 9 The principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972) which is for the time being in force shall apply to persons holding the office of traffic commissioner for England and Wales or for the Scottish Traffic Area.

SCHEDULE 2A Detention of certain PSVs used without PSV operators' licences

Interpretation 1 (1) In this Schedule— “authorised person” means— an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or a person acting under the direction of such an examiner; “contents”, in relation to a vehicle, means any goods carried by that vehicle which are not personal effects; “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984; “nominated custodian” is to be construed in accordance with paragraph 6(1) below; “operator”, in relation to a public service vehicle, means— the driver, if he owns the vehicle, or in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do the work), but this is subject to any regulations that may be made under sub-paragraph (2)(a) below; “personal effects” means— any personal effects of any individual, and any articles being carried by a vehicle for the purpose of their delivery from one person to another. (2) Regulations may make provision for any purpose of this Schedule or regulations under it as to— (a) the person who is to be regarded as the “operator” of a public service vehicle in such circumstances as may be specified or described in the regulations; (b) the meaning of “owner” as regards a public service vehicle. (3) Regulations made by virtue of sub-paragraph (2)(b) above may, in particular, provide that the owner of a motor vehicle at a particular time is to be taken to be any person in whose name the vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994. Detention of property 2 (1) Regulations may provide that where an authorised person has reason to believe that a public service vehicle adapted to carry more than 8 passengers is being, or has been, used on a road in contravention of section 12(1) of this Act, the person may detain the vehicle and its contents. (2) Regulations made by virtue of sub-paragraph (1) above may not authorise a person other than a constable in uniform to stop a vehicle on any road. The vehicle and any other property detained, the passengers, and any personal effects 3 (1) Regulations may, in connection with the detaining of a vehicle by virtue of paragraph 2 above, make provision with respect to any of the following— (a) the vehicle; (b) any other property detained or to be detained by virtue of paragraph 2 above; (c) any passengers who have been travelling on the vehicle; (d) any personal effects remaining on the vehicle. (2) Regulations under this paragraph must include provision requiring passengers who have been travelling on the vehicle to be transported in safety to their destination or to a suitable place from which to continue their journey. Immobilisation of vehicle 4 (1) Regulations may provide that, before a vehicle is removed by virtue of paragraph 6 below, an authorised person may— (a) fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or (b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place. (2) Regulations may also provide— (a) that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device must also fix to the vehicle an immobilisation notice (see sub-paragraph (3) below); (b) that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person; and (c) that an immobilisation notice must not be removed or interfered with except by or on the authority of an authorised person. (3) In this paragraph “immobilisation notice” means a notice— (a) indicating that an immobilisation device has been fixed to the vehicle, (b) warning that no attempt should be made to drive the vehicle or otherwise put it in motion, and (c) giving such other information as may be prescribed. Offences relating to immobilisation 5 (1) Regulations may provide that a person— (a) who removes or attempts to remove an immobilisation device fixed to a vehicle under regulations made by virtue of paragraph 4(1) above, but (b) who is not authorised to do so in accordance with paragraph 4(2)(b) above, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. Removal and delivery of property into custody of nominated custodian 6 (1) Regulations may make provision for an authorised person to direct that any property— (a) detained by virtue of paragraph 2 above, or (b) consisting of personal effects remaining on a vehicle so detained, be removed and delivered into the custody of a person (the “nominated custodian”) specified in the direction. (2) Regulations may provide that the nominated custodian must be a person who— (a) is identified in accordance with prescribed rules, (b) has made arrangements with the Secretary of State, and (c) has agreed to accept delivery of the property in accordance with those arrangements. (3) Arrangements falling within sub-paragraph (2) above may include provision for the payment of a sum to a person into whose custody any property is delivered. (4) Regulations may also provide that an authorised person who has given a direction by virtue of sub-paragraph (1) above in respect of a vehicle may allow the driver of the vehicle to deliver persons or property falling within sub-paragraph (5) below to their destination or some other suitable place, before delivering the vehicle into the custody of the nominated custodian. (5) The persons and property are— (a) any passengers who have been travelling on the vehicle, (b) any contents of the vehicle, (c) any personal effects remaining on the vehicle. Informing persons that their property has been detained etc 7 (1) This paragraph applies in relation to any property— (a) which is detained by virtue of paragraph 2 above, or (b) which consists of personal effects that remained on a vehicle so detained. (2) Regulations may make provision for informing persons who may be entitled to any such property that it has been so detained or, as the case may be, that it remained on a vehicle so detained. (3) The provision that may be made by virtue of sub-paragraph (2) above includes provision requiring— (a) the publication by an authorised person of such notices as may be prescribed, and (b) the giving of notice by an authorised person to such persons as may be prescribed. Return of vehicle 8 Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 above to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9 below. Application to traffic commissioner for return of vehicle 9 (1) Regulations must make provision enabling the owner of a vehicle which has been detained by virtue of paragraph 2 above to apply to a traffic commissioner for the return of the vehicle. (2) Regulations may, in particular,— (a) require notice of an application to be given to a traffic commissioner within such period as may be determined in accordance with the regulations; (b) require notice of an application to be made in such form as may be prescribed. (3) Regulations must prescribe the grounds upon which the owner may apply for the return of the vehicle. (4) The grounds prescribed under sub-paragraph (3) above must include each of the following— (a) that, at the time the vehicle was detained, the person using the vehicle held a PSV operator's licence (whether or not authorising the use of the vehicle); (b) that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 12(1) of this Act; (c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 12(1) of this Act, the owner did not know that it was being, or had been, so used; (d) that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 12(1) of this Act, the owner— (i) had taken steps with a view to preventing that use, and (ii) has taken steps with a view to preventing any further such use. Hearings by traffic commissioner 10 (1) Regulations must make provision— (a) enabling a traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9 above; (b) requiring a traffic commissioner to hold a hearing, if requested by a person who claims to be the owner; (c) as to the time within which the hearing must be held; and (d) subject to such provision as may be made by the regulations, for the hearing to be held in public. (2) Regulations must also provide that, if no hearing is held, the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received. Consequences of the traffic commissioner's determination 11 Regulations must provide that— (a) if a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) above is made out, the traffic commissioner must order the nominated custodian to return the vehicle to the owner; and (b) if a traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the nominated custodian, in such manner as may be prescribed. Appeal to Upper Tribunal from traffic commissioner 12 (1) Regulations must provide for an appeal to the Upper Tribunal against the determination of the traffic commissioner. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale or destruction of vehicle where no application made under paragraph 9 13 Regulations may provide that, if no application is made to a traffic commissioner in accordance with regulations made by virtue of paragraph 9 above, any vehicle detained by virtue of paragraph 2 above may be sold or destroyed in such manner as may be prescribed. Return or disposal of contents and personal effects 14 (1) Regulations may provide that the nominated custodian may retain custody of any property falling within sub-paragraph (2) below until— (a) the property is returned, in accordance with the regulations, to a person who establishes entitlement to it; or (b) the property is sold or destroyed by the nominated custodian in such manner as may be prescribed. (2) The property is— (a) any property detained by virtue of paragraph 2 above; (b) any personal effects that remained on the vehicle so detained. (3) Regulations may also make provision as to— (a) the period within which a person who claims to be entitled to the property may make a claim for its return; (b) the requirements to be satisfied by a person who claims to be entitled to the property (including requirements as to the person's entitlement); and (c) the manner in which entitlement is to be determined where there is more than one claim to the property. (4) The nominated custodian may not sell or destroy any property unless— (a) such steps as may be required by regulations made by virtue of paragraph 7(2) above have been taken and no person has, before the expiry of the period referred to in sub-paragraph (3)(a) above, established an entitlement to the property; or (b) the condition of the property requires it to be disposed of without delay. Custody of property 15 (1) Regulations must provide that while any property is in the custody of a nominated custodian, it is the duty of the nominated custodian to take such steps as are necessary for the safe custody of that property. (2) Any such provision is subject to the powers of the nominated custodian to sell or destroy property by virtue of this Schedule. Proceeds of sale 16 (1) Regulations must provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above— (a) to be applied towards meeting expenses incurred by any authorised person in exercising functions by virtue of this Schedule; and (b) in so far as they are not so applied, to be applied in such other manner as may be prescribed. (2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if— (a) the person claims, after the sale of property under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above, to be or to have been its owner; (b) the claim is made within a prescribed time of the sale; and (c) any other prescribed conditions are fulfilled. Disputes 17 (1) Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 14 or 16 above. (2) The provision that may be made by virtue of sub-paragraph (1) above includes provision— (a) for an application to be made to a magistrates' court or, in the case of an application made in Scotland, the sheriff; (b) for a court or the sheriff to order a sum to be paid by the Secretary of State. (3) Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) above must be made by way of summary application. Obstruction of authorised person 18 Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of the powers of such a person under regulations made by virtue of this Schedule is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. Offences as to securing possession of property 19 (1) Regulations may provide that a person is guilty of an offence if— (a) the person makes a declaration with a view to securing the return of a vehicle under regulations made by virtue of paragraph 11 above; (b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 12(1) of this Act; and (c) the declaration is, to the person's knowledge, either false or in any material respect misleading. (2) Regulations may provide that a person guilty of such an offence is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; and (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

SCHEDULE 3 Supplementary Provision as to Qualifications for PSV Operator’s Licence

Section 14ZA,14ZB and 17(6). Good repute 1 (1) In determining whether an individual is of good repute, a traffic commissioner shall have regard to all the relevant evidence and in particular to— (a) relevant convictions of his and of his employees and agents; (aa) relevant fixed penalty notices issued to him and to his employees and agents; and (b) such other information as the commissioner may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business. (2) In determining whether a company is of good repute, a traffic commissioner shall have regard to all the relevant evidence and in particular to— (a) relevant convictions of the company and its officers, employees and agents; (aa) relevant fixed penalty notices issued to the company's officers, employees and agents; and (b) such other information as the commissioner may have as to previous conduct of— (i) the company’s officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company; and (ii) each of the company’s directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business. (2A) In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act. (3) A traffic commissioner shall determine that an individual is not of good repute if he has— (a) more than one conviction of a serious offence; or (b) been convicted of road transport offences. (4) For the purposes of sub-paragraph (3)(a) above a serious offence is— (a) an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4 on the standard scale, a community order requiring the offender to perform unpaid work for more than sixty hours or a community payback order requiring the offender to undertake unpaid work, or unpaid work and other activity, for more than sixty hours was imposed; and (b) any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed. (5) For the purposes of sub-paragraph (3)(b) above a road transport offence is— (a) an offence under the law of any part of the United Kingdom relating to road transport including in particular— (i) an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and (ii) any other offence concerning professional liability; or (b) any corresponding offence under the law of a country or territory outside the United Kingdom. (6) In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental health, “a community order” means an order under section 177 of the Criminal Justice Act 2003 or Chapter 2 of Part 9 of the Sentencing Code, a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978 or a service community order or overseas community order under the Armed Forces Act 2006 and “a community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement. (7) In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to an offence under section 42 of the Armed Forces Act 2006. (8) For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a traffic commissioner may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction. (9) Sub-paragraph (3) above is without prejudice to the power of a traffic commissioner to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned. (10) In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder, of, a PSV operator’s licence. Appropriate financial standing 2 (1) Being of appropriate financial standing in relation to an application for, or holder of, a restricted licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional competence 3 References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent. 4 Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (1) ... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,— (a) he has demonstrated that he possesses the requiste skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or (b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Secretary of State. (1A) The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State. (2) The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to the 2009 Regulation. (3) The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex III to that Regulation and must have security features in compliance with Annex II to that Regulation. 7 (1) In paragraph 6 above— (a) “approved body” means— (i) a body approved by the Secretary of State for the purposes of that paragraph; or (ii) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967; or (iii) a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU); (b) “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed. (2) In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU). Determinations in respect of transport managers 7A. (1) A traffic commissioner must not in any proceedings under this Act or the 2009 Regulation make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice— (a) stating that the question whether the transport manager is of good repute or (as the case may be) professionally competent is an issue in the proceedings; (b) setting out the nature of the allegations against the transport manager; (c) stating that the transport manager is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on the transport manager; and (d) stating that the transport manager is entitled to request an inquiry as provided in section 54. (2) Where a transport manager makes representations under this paragraph, the traffic commissioner must consider the representations— (a) in considering whether or not an inquiry should be held as provided in section 54; and (b) in determining whether the transport manager is of good repute or (as the case may be) professionally competent. (3) The traffic commissioner must hold an inquiry as provided in section 54 if the transport manager requests one under sub-paragraph (1)(d). (4) A notice is deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the transport manager at the transport manager’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the transport manager. 7B. (1) In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response. (2) If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager. (3) While a disqualification under sub-paragraph (2) is in force— (a) the person may not act as transport manager for any road transport undertaking; (b) a certificate issued to the person under Article 8.8 of the 2009 Regulation or the 2009 Regulation (EU) (certificate of professional competence) is not valid. (4) A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order. (5) The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of. (6) If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction. 7C. (1) A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2) or, with the consent of the disqualified person, vary the order. (2) The traffic commissioner by whom a disqualification order is made under paragraph 7B(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied. (3) Measures specified under sub-paragraph (2) may be varied by the traffic commissioner who made the order or another traffic commissioner — (a) on the application of the disqualified person, or (b) at the instigation of the traffic commissioner. (4) Before a variation is made under sub-paragraph (3)(b), a notice must be served on the disqualified person— (a) stating an intention to vary the measures specified under sub-paragraph (2), (b) stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and (c) stating that the person is entitled to request an inquiry as provided in section 54. (5) Where a person makes representations under this sub-paragraph, the traffic commissioner dealing with the matter must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2). (6) The traffic commissioner must hold an inquiry as provided in section 54 if the disqualified person requests one under sub-paragraph (4)(c). (7) A notice is deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 4, 5 . . .

SCHEDULE 6 Transitional Provisions and Savings

Section 88. Periods of time 1 Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run. Saving for transitional provisions and savings in orders under section 70(5) and (6) of Transport Act 1980 2 Where any provision of the Transport Act 1980 which is repealed by this Act was brought into force by an order which contains transitional provisions and savings in connection with that provision, an order under section 89(2) of this Act may contain corresponding provisions and savings in connection with any provision of this Act corresponding to the repealed provision. Certificates of initial fitness 3 A certificate of fitness issued in respect of a vehicle under section 129 of the Road Traffic Act 1960 which was in force immediately before the date on which section 17 of the Transport Act 1980 came into force and had effect on and after that date as if it were a certificate of initial fitness shall, notwithstanding the repeal by this Act of subsection (2) of the said section 17, continue to have effect as if it were a certificate of initial fitness issued in respect of the vehicle on that date. 4 For the purposes of subsection (1) of section 6 of this Act, the requirement of paragraph (b) of that subsection shall be treated as complied with if a certificate under section 130 of the Road Traffic Act 1960 was in force in respect of the vehicle concerned immediately before section 17 of the Transport Act 1980 came into force or has since that date been issued in respect of the vehicle.

SCHEDULE 7 Consequential Amendments

Section 88. Local Government (Miscellaneous Provisions) Act 1953 (c. 26) 1 In section 4(4) of the Local Government (Miscellaneous Provisions) Act 1953 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shalll be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”. Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50) 2 In section 7(1) of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 in the definition of “public service vehicle” for the words from “Part I” to “section 2(1)” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 if in section 1(1) ”. Finance Act 1965 (c. 25) 3 In section 92 of the Finance Act 1965, in the definition of “operator” in subsection (8), for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”. 4–8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Act 1968 (c. 73) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In section 159(1) of that Act— (a) in the definition of “bus service” for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ” and for the words “section 3(3)(a) of the Transport Act 1980” there shall be substituted the words “ section 2(3)(a) of the Public Passenger Vehicles Act 1981 ”; and (b) in the definition of “express carriage” and “stage carriage” and in the definition of “public service vehicle” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ”. Transport (London)Act 1969 (c. 35) 11 In section 23 of the Transport (London) Act 1969— (a) in subsection (2) for the words “Part III of the Act of 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981. ”; (b) in subsection (7) in the definition of “road service licence” for the words “Act of 1960” there shall be substituted the words “ Public Passenger Vehicles Act 1981 ” and for the definition of “service of express carriages” there shall be substituted— “service express carriages” means an express carriage service within the meaning of the Public Passenger Vehicles Act 1981 or a stage carriage service within the meaning of that Act as to which the condition in section 2(3)(a) of that Act (long journeys only) is satisfied. 12–15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road Traffic (Foreign Vehicles) Act 1972 (c. 27) 16 In section 4(2)(b) of the Road Traffic (Foreign Vehicles) Act 1972 for the words from “section 19(1)” to “section 160(1)(k) of that Act” there shall be substituted the words “ section 12(1) of the Public Passenger Vehicles Act 1981 as modified by regulations for the time being in force under section 60(1)(m) of that Act ”. 17 In section 7(1) of that Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the definition of “public service vehicle” for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”. 18 In Schedule 1 to that Act for the words “Section 16(1) of the Transport Act 1980” there shall be substituted the words “ Section 8(1) of the Public Passneger Vehicles Act 1981 ”. Local Government (Miscellaneous Provisions) Act 1976 (c. 57) 19 In section 63(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the words “Part I of the Transport Act 1980” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”. 20 In section 80(1) of that Act, in the definition of “public service vehicle”, for the words “Part III of the Road Traffic Act 1960” there shall be substituted the words “ the Public Passenger Vehicles Act 1981 ”. Energy Act 1976 (c. 76) 21 In paragraph 1 of Schedule 1 to the Energy Act 1976— (a) in sub-paragraph (1)(c) for the words “Part I of the Transport Act 1980” there shall be substituted the words “ Part II or III of the Public Passenger Vehicles Act 1981 ”; (b) in sub-paragraph (1)(d) for the words “section 14” there shall be substituted the words “ section 40 ”; and (c) in sub-paragraph (2) for the words “section 160 of the Road Traffic Act 1960” there shall be substituted the words “ section 60 of the Public Passenger Vehicles Act 1981 ”. 22 In paragraph 2 of Schedule 1 to that Act for the words “section 144 of the Road Traffic Act 1960” there shall be substituted the words “ section 22 of the Public Passenger Vehicles Act 1981 ”. Transport Act 1978 (c. 55) 23 In section 1(2)(a) of the Transport Act 1978 for the words “the Minibus Act 1977” there shall be substituted the words “ section 42 of the Public Passenger Vehicles Act 1981 ”. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 Repeals

Section 88. Chapter | Short title | Extent of repeal 1960 c. 16. | The Road Traffic Act 1960. | Part III. In section 232(1), paragraph (a). Section 239. In section 247(2) the words “except offences under section 148(2)”. Section 252. In section 257(1) the words from “and the expressions” to the end of the subsection. Section 260. In section 263, in subsection (1) the word “III” and subsection (2). In section 265, subsection (1) and in subsection (2) the words from the beginning to “Part III of this Act and”. 1960 c. 63. | The Road Traffic and Roads Improvement Act 1960. | Section 24. The Schedule. 1962 c. 46. | The Transport Act 1962. | In Schedule 2, in Part I the entry relating to section 157 of the Raod Traffic Act 1960. 1962 c. 59. | The Road Traffic Act 1962. | In Schedule 4, the amendment of section 130 of the Road Traffic Act 1960. 1968 c. 73. | The Transport Act 1968. | In section 35, subsection (3). In section 130(6), paragraph (c). . . . In Schedule 10, in Part I the entry relating to section 123 of the Road Traffic Act 1960 and in Part II the entry relating to section 123 of the Road Traffic Act 1960. 1969 c. 35. | The Transport (London) Act 1969. | In section 24, subsections (1) to (4). 1972 c. 11. | The Superannuation Act 1972. | In Schedule 6, the amendment of section 126 of the Road Traffic Act 1960. 1974 c. 50. | The Road Traffic Act 1974. | In section 10(7) the words “the amendments of Part III of the 1960 Act specified in Schedule 2 to this Act.” In section 21(1) paragraph (a) and the words “Part I or” and “as the case may require”. In Schedule 2, paragraph 2. In Schedule 5, Part I. In Schedule 6, paragraph 2. 1975 c. 53. | The Public Service Vehicles (Arrest of Offenders) Act 1975. | In section 1 the words from “regulations having effect” to “public service vehicles) or of”. Section 2(2). 1977 c. 21. | The Passenger Vehicles (Experimental Areas) Act 1977. | The whole Act. 1977 c. 25. | The Minibus Act 1977. | The whole Act. 1978 c. 55. | The Transport Act 1978. | Sections 5 and 7. In section 24(2), the definition of “the 1960 Act”. In Schedule 2, paragraph 5. 1980 c. 34. | The Transport Act 1980. | Sections 1 to 31. In section 32, subsections (1) to (4). Section 33. Section 36. In section 37, subsection (1) Sections 38 to 41. In section 42— (a) in subsection (2), paragraph (a) and sub-paragraphs (i), (ii) and (iv) of paragraph (b); and (b) subsections (3) and (4). In section 43, subsection (2). Section 44. Schedules 1 to 3. In Schedule 4, the entries relating to sections 144, 146, 147 and 157 of the Road Traffic Act 1960. In Schedule 5, Part I and in Part II the paragraphs amending the Transport (London) Act 1969, the Road Traffic Act 1974, the Passenger Vehicles (Experimental Areas) Act 1977, the Minibus Act 1977 and the Transport Act 1978.