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16 Conditions attached to licences

(1) [Subject to subsection (1A) below and section 12(7) of the Transport Act 1985] [a traffic commissioner] on granting a PSV operator's licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the area of [that commissioner]) which the holder of the licence may at any one time use under the licence.

[(1A) In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.]

(2) Conditions attached under subsection (1) above to a PSV operator's licence may specify different maximum numbers for different descriptions of vehicle.

(3) [A traffic commissioner] may (whether at the time when the licence is granted or at any time thereafter) attach to a PSV operator's licence granted by [him] such conditions or additional conditions as [he thinks] fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.

(4) Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3) above, the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator's licence may stop to take up or set down passengers.

(5) The traffic [commissioner] by whom a PSV operator's licence was granted may at any time while it is in force vary the licence by—

(a) altering in such manner as [he thinks] fit any condition attached under subsection (3) above to the licence; or

(b) removing any condition so attached to the licence.

(6) On the application of the holder of a PSV operator's licence, the traffic [commissioner] by whom the licence was granted may at any time while it is in force—

(a) vary the conditions attached under subsection (1) above to the licence; . . .

(b) exercise [his] powers (whether of alteration or removal) under subsection (5) above; [or

(c) vary or remove any undertaking recorded in the licence;]

and a person making an application under this subsection shall give to the traffic [commissioner] such information as [he] may reasonably require for the discharge of [his] duties in relation to the application.

[(6A) In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(6B) In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.]

(7) Subject to section 68(3) of this Act, if a condition attached to a PSV operator's licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding [level 3 on the standard scale].

8. Compliance with any condition attached to a PSV operator's licence . . . [(other than a condition so attached under subsection (1A) above)] may be temporarily dispensed with by the traffic [commissioner] by whom the licence was granted if [he is] satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.

(9) It is hereby declared that the conditions attached under subsection (1) [or (1A)] above to a PSV operator's licence granted by the traffic [commissioner] for any area do not affect the use by the holder of the licence of a vehicle—

(a) under a PSV operator's licence granted to him by the traffic [commissioner] for another area; or

(b) in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 81(1)(a) of this Act).

NOTES
Derivation

This section derived from the Transport Act 1980, s 22.
Initial Commencement
To be appointed

To be appointed: see s 89(2).
Appointment

Appointment: 30 October 1981: see SI 1981/1387, art 2.
Amendment

Sub-s (1): first words in square brackets inserted, and second and final words in square brackets substituted, by the Transport Act 1985, ss 3, 139(2), Sch 2, Part II, para 4(7)(a), Sch 7, para 21(4).
Sub-s (1A): inserted by the Transport Act 1985, s 24(1).
Sub-ss (3), (5): words in square brackets substituted by the Transport Act 1985, s 3, Sch 2, Part II, para 4(7)(b), (c).
Sub-s (6): word omitted repealed, para (c) and word “or” immediately preceding it inserted, by the Deregulation and Contracting Out Act 1994, ss 59(4), 68, 81, Sch 14, para 4, Sch 17; other words in square brackets substituted by the Transport Act 1985, s 3, Sch 2, Part II, para 4(7)(d).
Sub-ss (6A), (6B): inserted by the Deregulation and Contracting Out Act 1994, s 59(5).
Sub-s (7): maximum fine converted to a level on the standard scale by the Criminal Justice Act 1982, ss 37, 46.
Sub-s 8: words omitted repealed, first words in square brackets inserted, and second and final words in square brackets substituted, by the Transport Act 1985, ss 3, 24(1), 139(3), Sch 2, Part II, para 4(7)(e), Sch 8.
Sub-s (9): first words in square brackets inserted, and second and final words in square brackets substituted, by the Transport Act 1985, ss 3, 24(1)(c), Sch 2, Part II, para 4(7)(f).
Subordinate Legislation

Public Service Vehicles (Operators' Licences) Regulations 1995, SI 1995/2908 (made under sub-ss (1A), (3), (4)).
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[16A Conditions as to matters required to be notified]

[(1) On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

(a) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 14(1) of this Act, and to do so within 28 days of the event; and

(b) a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 14(1)(a) or (c) of this Act, and to do so within 28 days of the event coming to the licence-holder's knowledge.

(2) In subsection (1)(b) above the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 14(1)(c) of this Act.

(3) Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
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17 Revocation, suspension etc of licences

(1) The traffic [commissioner] by whom a standard licence was granted shall revoke the licence if it appears to [him] at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.

(2) Without prejudice to subsection (1) above, the traffic [commissioners] by whom a PSV operator's licence was granted may, on any of the grounds specified in subsection (3) below, at any time—

(a) revoke the licence;

(b) suspend the licence for such period as [he directs] . . . ;

(c) . . .

(d) vary any condition attached under subsection (1) of section 16 of this Act to the licence, or attach to the licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.

(3) The grounds for action under subsection (2) above are—

(a) that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of . . . expectation which has not been fulfilled;

[(aa) that any undertaking recorded in the licence has not been fulfilled;]

(b) that there has been a contravention of any condition attached to the licence;

(c) that a prohibition under [section 69 of the Road Traffic Act 1988] has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under [section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition];

(d) in the case of a restricted licence, that the holder no longer satisfies the requirement to be of good repute or the requirement to be of appropriate financial standing;

(e) that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence;

[(f) the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators' licences should be liable to be revoked, suspended, etc) has effect].

(4) [A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [an inquiry] if the holder of the licence requests [him] to do so.

(5) Where [a traffic commissioner decides] to revoke a licence under this section, [he] may direct that the revocation shall not take effect for such period as appears to [him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

[(5A) Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

(5B) A traffic commissioner who has suspended a licence under this section may at any time—

(a) cancel the suspension; or

(b) with the consent of the holder of the licence, vary the period for which it is suspended.]

(6) The provisions of Schedule 3 to this Act shall apply for the purposes of subsections (1) and (3)(d) above as they apply for the purposes of section 14(1) of this Act.

NOTES
Derivation

This section derived from the Transport Act 1980, s 23.
Initial Commencement
To be appointed

To be appointed: see s 89(2).
Appointment

Appointment: 30 October 1981: see SI 1981/1387, art 2.
Amendment

Sub-ss (1), (4), (5): words in square brackets substituted by the Transport Act 1985, ss 3, 139(2), Sch 2, Part II, para 4.8(a), (c), (d), Sch 7, para 21(6).
Sub-s (2): words in square brackets substituted by the Transport Act 1985, s 3, Sch 2, Part II, para 4.8.(b); words omitted repealed, and para (c) repealed, by the Deregulation and Contracting Out Act 1994, ss 62(2), 68, 81, Sch 14, para 5(1), Sch 17.
Sub-s (3): words omitted from para (a) repealed, para (aa) inserted, and in para (c) words in square brackets substituted, by the Deregulation and Contracting Out Act 1994, ss 59(6), 68, 81, Sch 14, para 5(2), Sch 17; para (f) inserted by the Transport Act 1985, s 139(2), Sch 7, para 21(5).
Sub-ss (5A), (5B): inserted by the Deregulation and Contracting Out Act 1994, s 62(3).
Modification

Modification: sub-s (1) modified in its application to persons in partnership by the Operation of Public Service Vehicles (Partnership) Regulations 1986, SI 1986/1628.
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18 Duty to exhibit operator's disc

(1) Where a vehicle is being used in circumstances such that a PSV operator's licence is required, there shall be fixed and exhibited on the vehicle in the prescribed manner an operator's disc issued under this section showing particulars of the operator of the vehicle and of the PSV operator's licence under which the vehicle is being used.

[(2) A traffic commissioner on granting a PSV operator's licence shall supply the person to whom the licence is granted—

(a) with a number of operators' discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or

(b) with such lesser number of operators' discs as he may request.

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19 Duty to inform traffic commissioners of relevant convictions etc

(1) A person who has applied for a PSV operator's licence shall forthwith notify the traffic [commissioner] to whom the application was made if, in the interval between the making of the application and the date on which it is disposed of, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.

(2) It shall be the duty of the holder of a PSV operator's licence to give notice in writing to the traffic [commissioner] by whom the licence was granted of—

(a) any relevant conviction of the holder; and

(b) any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder's road passenger transport business,

and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder's knowledge in any other case.

[(2A) For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.]

(3) It shall be the duty of the holder of a PSV operator's licence within 28 days of the occurrence of—

(a) the bankruptcy or liquidation of the holder, or the sequestration of his estate [or [the entry into administration of] the holder] or the appointment of a receiver, manager or trustee of his road passenger transport business; or

(b) any change in the identity of the transport manager of the holder's road passenger transport business,

to give notice in writing of that event to the traffic [commissioner] by whom the licence was granted.

(4) [A traffic commissioner] on granting or varying a PSV operator's licence, or at any time thereafter, may require the holder of the licence to inform [him] forthwith or within a time specified by [him] of any material change specified by [him] in any of [the holder's] circumstances which were relevant to the grant or variation of the licence.

(5) Subject to section 68(1) of this Act, a person who fails to comply with subsection (1), (2) or (3) above or with any requirement under subsection (4) above shall be liable on summary conviction to a fine not exceeding [level 3 on the standard scale].
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20 Duty to give traffic commissioners information about vehicles

(1) It shall be the duty of the holder of a PSV operator's licence, on the happening to any public service vehicle owned by him of any failure or damage of a nature calculated to affect the safety of occupants of the public service vehicle or of persons using the road, to report the matter as soon as is practicable to the [Secretary of State] [in accordance with regulations made by virtue of subsection (2A) below].

(2) It shall be the duty of the holder of a PSV operator's licence, on any alteration otherwise than by replacement of parts being made in the structure or fixed equipment of any public service vehicle owned by him, to give notice of the alteration as soon as is practicable to the [Secretary of State] [in accordance with regulations made by virtue of subsection (2A) below].

[(2A) Regulations may make provision—

(a) for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;

(b) for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and

(c) for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of [an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector.]
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Regulation of conduct etc of drivers, inspectors, conductors and passengers

24 Regulation of conduct of drivers, inspectors and conductors

(1) Regulations may make provision for regulating the conduct, when acting as such, of—

(a) . . . drivers of public service vehicles, and

(b) inspectors and conductors of such vehicles [and

(c) drivers, inspectors and conductors of tramcars].

(2) Subject to section 68(1) of this Act, if a person to whom regulations having effect by virtue of this section apply contravenes, or fails to comply with, any of the provisions of the regulations, he shall be liable on summary conviction to a fine not exceeding [level 2 on the standard scale] and, in the case of an offence by a person acting as driver [of a public service vehicle], the court by which he is convicted may, if it thinks fit, cause particulars of the conviction to be endorsed upon [the counterpart of] the licence granted to that person under [Part III of the Road Traffic Act 1988] [or, as the case may be, the counterpart (if any) of his Community licence (within the meaning of that Part)] [or, if he is not the holder of a licence (within the meaning of Part 3 of the Road Traffic Act 1988), on his driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988)] [send notice of the particulars of the conviction to the Secretary of State requiring the Secretary of State to endorse them on the person's driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988)].

(3) The person who has the custody of the licence [and its counterpart] [any counterpart of a licence which is to be endorsed under subsection (2) above] shall, if so required by the convicting court, produce [them] [it and the licence] within a reasonable time for the purpose of endorsement, and, subject to section 68(1) of this Act, if he fails to do so, shall be liable on summary conviction to a fine not exceeding [level 3 on the standard scale].

(4) In this section and in section 25 of this Act “inspector”, in relation to a public service vehicle, means a person authorised to act as an inspector by the holder of the PSV operator's licence under which the vehicle is being used.

[(5) Notwithstanding section 1(1) of this Act, in this section and in sections 25 and 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.]
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This section appeals to me. We could do with legislation controlling passengers and their behaviour something we have never really had. Although the psv legislation is limited, I can't see any reason why extensive statutory measures should not be applied to driver safety and passenger controls in respect of the Taxi trade as a whole.
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25 Regulation of conduct of passengers

(1) Regulations may make provision generally as to the conduct of passengers on public service vehicles [or tramcars] and in particular (but without prejudice to the generality of the foregoing provision) for—

(a) authorising the removal from a public service vehicle [or tramcar] of a person infringing the regulations by the driver, inspector or conductor of the vehicle or on the request of the driver, inspector or conductor by a police constable;

(b) requiring a passenger in a public service vehicle [or tramcar] who is reasonably suspected by the driver, inspector or conductor thereof of contravening the regulations to give his name and address to the driver, inspector or conductor on demand;

(c) requiring a passenger to declare, if so requested by the driver, inspector or conductor, the journey he intends to take or has taken in the vehicle, and to pay the fare for the whole of that journey and to accept any ticket provided therefor;

(d) requiring, on demand being made for the purpose by the driver, inspector or conductor, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;

(e) requiring a passenger, if so requested by the driver, inspector or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid;

(f) requiring the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him.

(2) . . .

(3) Subject to section 68(1) 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 3 on the standard scale].

(4) In the application of this section to Scotland, subsection (1)(b) shall have effect as if after the word “address” there were inserted the words “to a police constable or”.
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79 Vehicles excluded from regulation as private hire vehicles

At any time when a vehicle would apart from section 1(3) [or (4)] [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.
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[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.]

NOTES
Extent

This section does not extend to Scotland: see the Transport Act 2000, s 265.
Amendment

Inserted, in relation to England and Wales, by the Transport Act 2000, s 265(2).

Date in force: 1 July 2001: see SI 2001/1498, art 3.
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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).
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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

(a) in relation to England and Wales, any local authority within the meaning of the Local Government Act 1972;

(b) 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;

“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;

“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 the person appointed to be the commissioner for a traffic area constituted for the purposes of this Act;]

“tramcar” includes any carriage used on any road by virtue of an order made under the Light Railways Act 1896;

“transport manager”, in relation to a business, means an individual who, either alone or jointly with one or more other persons, has continuous and effective responsibility for the management of the road passenger transport operations of the business;

. . .

[(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 a Community 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.]

NOTES
Derivation

Sub-s (1) derived from the Road Traffic Act 1960, ss 128(1), 160(2), 257(1), the Transport Act 1978, s 5.8, and the Transport Act 1980, ss 44(1), 70(2); sub-s (2) derived from the Transport Act 1980, s 44(4).
Initial Commencement
To be appointed

To be appointed: see s 89(2).
Appointment

Appointment: 30 October 1981: see SI 1981/1387, art 2.
Amendment

Sub-s (1): definition “certifying officer” omitted repealed by the Road Traffic Act 1991, s 83, Sch 8.
Sub-s (1): definitions “community bus service”, “contract carriage”, “excursion or tour”, “express carriage” and “express carriage service”, “road service licence”, “stage carriage” and “stage carriage service”, “trial area” omitted repealed by the Transport Act 1985, ss 1, 139(3), Sch 1, para 13, Sch 8.
Sub-s (1): in definition “local authority” in para (b) words from “council constituted under” to “(Scotland) Act 1994” in square brackets substituted by the Local Government etc (Scotland) Act 1994, s 180(1), Sch 13, para 121(4).
Sub-s (1): definitions “local service”, “traffic commissioner” inserted by the Transport Act 1985, ss 1, 3, Sch 1, para 13, Sch 2, Pt II.
Sub-s (1): in definition “magistrates' court” words “has the same meaning” in square brackets substituted by the Access to Justice Act 1999, s 76(2), Sch 10, para 37.

Date in force: 27 September 1999: see the Access to Justice Act 1999, s 108(3)(c).

Sub-s (1): definition “prescribed testing authority” prospectively inserted by the Transport Act 1982, s 74, Sch 5, para 23, as from a day to be appointed.
Sub-s (1A): prospectively inserted by the Transport Act 1982, s 74, Sch 5, para 23, as from a day to be appointed.
Sub-s (3): inserted by the Local Government (Wales) Act 1994, s 22(1), Sch 7, para 36.
Subordinate Legislation

Public Service Vehicles (Operators' Licences) Regulations 1995, SI 1995/2908 (made under sub-s (1)).
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Meaning of "local service"

2 Local services

(1) In this Act “local service” means a service, using one or more public service vehicles, for the carriage of passengers by road at separate fares other than one—

(a) which is excluded by subsection (4) below; or

(b) in relation to which (except in an emergency) one or both of the conditions mentioned in subsection (2) below are met with respect to every passenger using the service.

(2) The conditions are that—

(a) the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;

(b) some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places.

(3) Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of subsection (1) above.

(4) A service shall not be regarded for the purposes of this Act as a local service if—

(a) the conditions set out in Part III of Schedule 1 to the 1981 Act (trips organised privately by persons acting independently of vehicle operators, etc.) are met in respect of each journey made by the vehicles used in providing the service; or

(b) every vehicle used in providing the service is so used under a permit granted under section 19 of this Act.

(5) Subsections (5)(b), (c) and (6) of section 1 of the 1981 Act (meaning of “fares”) shall apply for the purposes of this section.
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Lets not forget that buses can't ply for hire as a whole. Any bus stopping for a passenger other than at a bus stop is plying for hire, in my opinion.
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30 Plying for hire by large public service vehicles

(1) A public service vehicle which is adapted to carry more than eight passengers shall not be used on a road in plying for hire as a whole.

(2) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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And the reason for these last few posts is what?

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Grandad,

17 in all. lol

I just thought I would enlighten everyone to some of the legislation surrounding PSV hire and reward. It's a little heavy I know but people can always skip it until such time they might need it.

Obviously it's not interesting to you but it may be to some?

Regards

JD

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