{
  "url": "https://openlegislation.uk/traffic-areas-reorganisation-order-1990/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/traffic-areas-reorganisation-order-1990/schedule-2/paragraph-5.json",
  "legislation": "uksi/1991/288",
  "legislation_title": "The Traffic Areas (Reorganisation) Order 1990",
  "legislation_url": "https://openlegislation.uk/traffic-areas-reorganisation-order-1990",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Goods vehicle operators' licences",
  "text": "(1) Subject to sub-paragraph (8) below, where an application has, before reorganisation date, been made by the holder of a goods vehicle operator’s licence for a new place to be specified as an operating centre in that licence under section 69D of the 1968 Act and that place is situated in a transferred area, the application shall, as from reorganisation date, be treated as an application to the traffic commissioner for the new area for, as the case requires, either—\n(a) an application for a goods vehicle operator’s licence specifying that place as an operating centre; or\n(b) an application to vary a goods vehicle operator’s licence already held by the applicant in respect of the new area by directing that place to be specified in it as a new operating centre;\nand any application made in connection therewith under section 68 of the 1968 Act shall be dealt with accordingly.\n(2) Sub-paragraph (3) below has effect where—\n(a) an application for a goods vehicle operator’s licence made before reorganisation date falls to be determined after that date in circumstances where the operating centres specified in the application are in a traffic area affected by the changes made by this Order; and\n(b) at any time before the application is determined, the applicant holds a goods vehicle operator’s licence (“the existing licence”) in respect of the area of the traffic commissioner by whom the application falls to be determined;\nand in paragraph (b) above and sub-paragraph (3) below references to the application in a case where, after reorganisation date, the application falls to be determined by more than one traffic commissioner, are references to the application as it relates to the area of a particular traffic commissioner.\n(3) Subject to sub-paragraph (9) below, in the circumstances mentioned in sub-paragraph (2) above the traffic commissioner shall treat the application as an application—\n(a) under section 69D(1) of the 1968 Act to vary the existing licence (or the existing licence with the latest expiry date if there is, on reorganisation date, more than one existing licence) by directing that any place specified as an operating centre in the application shall be specified in the existing licence as a new operating centre; and\n(b) so far as the case requires, under section 68(1) of that Act to vary the licence by directing that additional vehicles be specified therein and that the maximum number of trailers and motor vehicles be increased.\n(4) Nothing in this paragraph shall affect the validity of any notice given or advertisement published before reorganisation date.\n(5) Without prejudice to section 62(1) of the 1968 Act, nothing in regulation 13 of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 shall prevent two or more applications for goods vehicle operators' licences to different traffic commissioners made before reorganisation date being treated by virtue of this Order, after reorganisation date, as applications to the traffic commissioner for one traffic area.\n(6) Where, by virtue of this Order, two or more applications for goods vehicle operators' licences made to different traffic commissioners are treated as having been made to a traffic commissioner for one traffic area, nothing in section 62(1) of the 1968 Act shall prevent the traffic commissioner granting an interim licence to the applicant in respect of all or any of those applications.\n(7) Where—\n(a) a notice of an application for the grant or variation of a goods vehicle operator’s licence has been published in accordance with section 69E of the 1968 Act before reorganisation date, and\n(b) the notice specifies an address to which representations should be delivered;\nnothing in this Order shall affect the validity of any representation delivered to that address on or after reorganisation date.\n(8) Sub-paragraph (1) above shall not affect the operation of subsections (2) to (7) of section 69(D) of the 1968 Act in relation to any such application as is referred to in that sub-paragraph (and accordingly, notwithstanding sub-paragraph (1), those subsections shall continue to apply to the application after reorganisation date and sections 69A(2) and (3) and 69B of the 1968 Act shall not apply to it).\n(9) Sub-paragraph (3) above shall not affect the operation of section 69A(2) and (3) or section 69B of the 1968 Act in relation to any such application as is referred to in that sub-paragraph (and accordingly, notwithstanding sub-paragraph (3) above, those provisions shall continue to apply to the application after reorganisation date and section 69D(2) to (7) shall not apply to it).\n(10) For the purposes of this paragraph, a person holds a goods vehicle operator’s licence in respect of an area if he either holds or is treated as holding such a licence in respect of the area.\n(11) In this paragraph, a reference to a goods vehicle operator’s licence does not include an interim licence.\n(12) For the purposes of this paragraph, an interim licence is a licence granted under section 67(5) of the 1968 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1984/176; to which there have been no relevant amendments."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/288/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-29T14:51:21.021152+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}