Paragraph 3 Cases where an existing licence held by a person has effect in more than one new area
This paragraph has effect where the places specified immediately before reorganisation date as operating centres in a goods vehicle operator’s licence are places which, on and after that date, are situated in more than one traffic area (such an area being referred to in this paragraph as a “relevant area”).
In such a case, the traffic commissioner who granted the licence shall, before reorganisation date and after consulting the holder of the licence, give a direction—
in relation to each vehicle specified in the licence, specifying the relevant area to which the vehicle is to be assigned;
except in a case where a licence does not permit the addition of authorised vehicles under section 61(1)(c) of the 1968 Act, assigning the maximum number of motor vehicles specified in the licence to a particular relevant area or assigning that number to two or more relevant areas;
assigning the maximum number of trailers specified in the licence to a particular relevant area or assigning that number to two or more relevant areas.
A traffic commissioner may, after consulting the holder of the licence which would be affected and at any time before reorganisation date, give a direction varying any direction given by him under sub-paragraph (2) above.
Where a direction has been given under sub-paragraph (2) above, paragraphs 1 and 2 of this Schedule shall have effect in respect of that licence in relation to each traffic area to which there has been an assignment under the direction, as if immediately before reorganisation date—
the only places specified as operating centres in the licence on reorganisation date were those situated in that traffic area;
the vehicles specified in the licence on that date were those assigned to that area under this paragraph;
the maximum number of trailers specified in the licence on that date were the number of trailers assigned to that area under this paragraph; and
the maximum number of motor vehicles specified in the licence on that date were the number of motor vehicles assigned to that area under this paragraph;
and in so far as the licence has effect by virtue of paragraphs 1 or 2 of this Schedule and of the foregoing provisions of this sub-paragraph, it shall have effect in respect of each such area as if, immediately before reorganisation date, the licence had been varied as set out in paragraphs (a) to (d) above in relation to that area.
If—
a traffic commissioner (other than the Traffic Commissioner for the Metropolitan Traffic Area), as respects a licence, fails to give a direction under sub-paragraph (2) before reorganisation date, the functions under that sub-paragraph as respects that licence shall nevertheless be exercisable by that traffic commissioner on or after that date, and
the Traffic Commissioner for the Metropolitan Traffic Area, as respects a licence, fails to give a direction under sub-paragraph (2) before reorganisation date, the functions under that sub-paragraph as respects that licence shall, on and after that date, be exercisable by the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.