Section 20 Duty to give traffic commissioners information about vehicles.C2

England, Wales and Scotland

(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 F1to the F2Secretary 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.

C1(F32A)

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 a F4an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.

(3)

F5A traffic commissioner may—

(a)

require the holder of F6a PSV operator’s licence to supply him or another traffic commissioner forthwith or within a specified time with such information as F7he may reasonably require about the public service vehicles owned by F8the holder and normally kept at an operating centre within the traffic area to which the licence relates, and to keep up to date information supplied by the holder under this paragraph; or

(b)

require the holder or former holder of a PSV operator’s licence to supply him or another traffic commissioner forthwith or within a specified time with such information as he may reasonably require about the public service vehicles owned by the holder or former holder at any material time specified by him which were at that time normally kept at an operating centre within the traffic area to which the licence relates.

In this subsection “material time” means a time when the PSV operator’s licence in question was in force.

(4)

Subject to section 68(1) of this Act, a person who fails to comply with the provisions of subsection (1) or (2) above or with any requirement under subsection (3) above shall be liable on summary conviction to a fine not exceeding F9level 3 on the standard scale.

(5)

A person who in purporting to comply with any requirement under subsection (3) above supplies any information which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding F10level 4 on the standard scale.

F11(6)

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Annotations

Textual amendments

F1: By Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(9)(a), 76(2) a (prosp.) substitution of the words “in accordance with regulations made by virtue of subsection (2A) below” is made in place of the original words “to the traffic commissioners who granted the licence”
F2: Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 29
F3: S. 20(2A) inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(9)(b), 76(2)
F4: Words in s. 20(2A) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 19(4); S.I. 1992/1286, art. 2, Sch.
F5: Words in s. 20(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F6: Words in s. 20(3)(a)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F7: Word substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(11)(a)
F8: Words substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(11)(a)
F9: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F10: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F11: S. 20(6) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 170:1), s. 83, Sch.8; S.I. 1992/1286, art. 2, Sch., Appendix

Modifications

C1: S. 20(2A) extended (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(11)(b), 76(2)
C2: S. 20 excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)

Notes on Part II

Modifications

C1: Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)