Paragraph 3 Amendments to the Public Passenger Vehicles Act 1981I1I2

For section 14 substitute—

“Grant of licences

14.

(1)

On an application for a standard licence a traffic commissioner must consider whether the requirements of sections 14ZA and 14ZC are satisfied.

(2)

On an application for a restricted licence a traffic commissioner must consider whether the requirements of sections 14ZB and 14ZC are satisfied.

(3)

If on an application for a PSV operator’s licence the traffic commissioner determines that the relevant requirements mentioned in subsection (1) or (2) are satisfied the commissioner must, subject to section 16 (conditions attached to licences), grant the licence in accordance with the application.

Requirements for standard licences

14ZA.

(1)

The requirements of this section are set out in subsections (2) and (3).

(2)

The first requirement is that the traffic commissioner is satisfied that the applicant—

(a)

has an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation),

(b)

is of good repute (as determined in accordance with paragraph 1 of Schedule 3),

(c)

has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and

(d)

is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).

(3)

The second requirement is that the traffic commissioner is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—

(a)

is of good repute (as determined in accordance with paragraph 1 of Schedule 3),

(b)

is professionally competent (as determined in accordance with paragraph 6 of Schedule 3), and

(c)

in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—

(i)

is not prohibited from being so designated by a traffic commissioner, and

(ii)

is not designated to act as transport manager for a greater number of road transport operators or in respect of a greater number of vehicles than the traffic commissioner considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the commissioner considers appropriate (see Article 4.3 of the 2009 Regulation).

Requirements for restricted licences

14ZB.

The requirement of this section is that the traffic commissioner is satisfied that the applicant —

(a)

is of good repute (as determined in accordance with paragraph 1 of Schedule 3), and

(b)

has appropriate financial standing (as determined in accordance with paragraph 2 of Schedule 3).

Requirements for standard and restricted licences

14ZC.

(1)

The requirement of this section is that the traffic commissioner is satisfied —

(a)

that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

(b)

that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

(2)

In considering whether the requirement of this section is satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application and may assume those undertakings will be fulfilled.

(3)

Where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by the commissioner under subsection (2) that the commissioner considers to be material to the granting of the application must be recorded in the licence issued to the applicant”.