OpenLegislation

Section 57 Death, bankruptcy etc. of licence holder.C3

England, Wales and Scotland

(1)

A PSV operator’s licence F1... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

C1C2(2)

A PSV operator’s licence ... held by an individual terminates if he—

(a)

dies, or

(b)

is F2made bankrupt or F3has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or

(c)

F4becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.

(3)

In relation to a PSV operator’s licence ... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

(4)

F5A traffic commissioner may—

(a)

direct that the termination of F6a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the F7commissioner that there are special circumstances, eighteen months, and

(b)

authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioner may impose.

F8(5)

In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).

Annotations

Textual amendments

F1

Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 9, Sch. 8

F2

Word in s. 57(2)(b) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F3

Words in s. 57(2)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 13(3) (with art. 5)

F4

Words in s. 57(2)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 26 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F5

Words in s. 57(4) 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. 57(4)(a) 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 by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(17)

F8

S. 57(5) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 9 (with Sch. 3 Pt. 1)

Modifications

C1

S. 57(2) amended by S.I. 1986/1628, reg. 5(1), Sch.

C2

S. 57(2) modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(5))

C3

S. 57 extended (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 44(2)

S. 57 applied (3.7.2000) by 1999 c. 29, s. 194(1)(2)(a), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3