# The Public Service Vehicle Operators (Qualifications) Regulations 1990, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend Schedule 3 to the Public Passenger Vehicles Act 1981 to implement Council Directive (EEC) No. 438/89 of 21st June 1989 (OJ No. L212, 22.7.89, p. 101) amending Council Directive (EEC) No. 562/74 of 12th November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (OJ No. L308, 19.11.74, p. 23).
The principle changes made by the Regulations are as follows:—
(1) Paragraph 1 of the Schedule to the Regulations requires the Traffic Commissioners to determine that an individual is not of good repute if he —
(a) has been convicted of serious offences; or
(b) has been repeatedly convicted of road transport offences.
A “serious offence” is one for which a sentence of imprisonment of more than three months, a fine exceeding level 4 on the standard scale or a community service order is imposed and a “road transport offence” is an offence under the law relating to road transport, in particular drivers' hours and rest periods, the weights and dimensions of commercial vehicles and road and vehicle safety (Article 2.3 of the 1989 Directive).
(2) Paragraph 2 of the Schedule to the Regulations specifies the minimum capital and reserves that must be available to an applicant for, or holder of, a PSV operator’s licence authorising the use of vehicles for international operations if he is to be considered to be of appropriate financial standing (Article 2.4 of the 1989 Directive).
(3) Paragraph 3 of the Schedule to the Regulations requires a company which is an applicant for, or holder of, a PSV operator’s licence to have a transport manager who is, or where it has more than one transport manager, each of whom is of good repute and professionally competent (Article 2.2 of the 1989 Directive).

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Source: https://www.legislation.gov.uk/uksi/1990/1851/note (the official version)
Page: https://openlegislation.uk/public-service-vehicle-operators-qualifications-regulations-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

