OpenLegislation

Section 155 SanctionsC4I1C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where F1a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—

(a)

failed to operate a local service registered under section 6 of the M1Transport Act 1985,

(aa)

F2failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,

(ab)

F3failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,

(b)

operated a local service in contravention of that section or section F4113J(4) or (5), 118(4) F5, 129(1)(b) or 138J(9) of this Act,

(ba)

F6failed to comply with a requirement imposed by virtue of section F7123X(7)(c), 134B(7)(c) F8or 138S(7)(c) of this Act, or

(c)

failed to comply with section F9134F, 138 or 140(3) of this Act, F10 or with regulations under section 141A of this Act

he may F11make one or more orders under subsection (1A).

(1ZA)

F12Where a traffic commissioner is satisfied that—

(a)

a person has operated a local service in contravention of section 123J(3) of this Act, and

(b)

in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,

the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1ZB)

F13Where a traffic commissioner is satisfied that—

(a)

a person has operated a local service in contravention of section 138J(9) of this Act, and

(b)

in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,

the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1ZC)

F14Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1ZD)

F15Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1ZDA)

F16Where a traffic commissioner is satisfied that the holder of a PSV operator’s licence has, without reasonable excuse, failed to comply with a requirement of section 144F or of regulations made under that section, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1ZE)

F17Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(1A)

F18The orders are—

(a)

an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);

(b)

an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);

(c)

an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;

(d)

an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.

(1B)

An order under subsection (1A)(b) may require the operator to expend money on or towards—

(a)

the provision of specified local services or specified facilities to be used in connection with such services;

(b)

specified improvements in such services or facilities.

In this subsection “specified” means specified in the order.

(1C)

Compensation under subsection (1A)(c)—

(a)

may take the form of payments of money, or

(b)

may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;

and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F20The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —

(a)

£550, or

(b)

such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,

multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

After F22making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—

(a)

the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and

(b)

the operator.

(6)

The operator may appeal to the F23Upper Tribunal against F24the making of the order.

(6A)

F25If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).

(6B)

That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).

(7)

F26An amount ordered to be paid under subsection (1A)(a) or (6A) is—

(a)

payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and

(b)

recoverable as a civil debt.

(8)

F27Other provisions that may need to be considered include the following provisions of the Transport Act 1985—

(a)

sections 26 and 27 (attachment of conditions to PSV operator's licence),

(b)

sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).

Annotations

Textual amendments

F1

Words in s. 155(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F2

S. 155(1)(aa) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 65(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(f)

F3

S. 155(1)(ab) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 19(2), 26(3)

F4

Words in s. 155(1)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 9

F5

Words in s. 155(1)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(2)

F6

S. 155(1)(ba) substituted for word in s. 155(1)(b) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 44(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F7

Word in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(2)

F8

Words in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(3)

F9

Word in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 6

F10

Words in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(2), 26(3)

F11

Words in s. 155(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F12

S. 155(1ZA) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(3)

F13

S. 155(1ZB) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(4)

F14

S. 155(1ZC) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(4)

F15

S. 155(1ZD) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(5)

F16

S. 155(1ZDA) inserted (5.8.2026) by Bus Services Act 2025 (c. 24), ss. 34(3), 41(5); S.I. 2026/834, reg. 2(f) (with regs. 3, 4)

F17

S. 155(1ZE) inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(5), 26(2); S.I. 2018/758, reg. 2

F18

S. 155(1A)-(1C) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F19

S. 155(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(4), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F20

Words in s. 155(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(5), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F21

S. 155(4) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(6), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F22

Words in s. 155(5) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(7), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F23

Words in s. 155(6) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 26

F24

Words in s. 155(6) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(8), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F25

S. 155(6A)(6B) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(9), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F26

S. 155(7) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(10), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F27

S. 155(8) inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 63(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (with Sch. 1 para. 2(2))

F28

S. 155 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(11), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

Marginal citations

M1

1985 c. 67.

Modifications

C1

S. 155: transfer of functions (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), arts. 1(1), 2(3)

C2

Ss. 152-162: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)

C3

Ss. 112-159: transfer of functions (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C4

Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

Commencement

I1

S. 155 wholly in force at 1.5.2002; s. 155 not in force at Royal Assent see s. 275(1)(2); s. 155 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10; s. 155 in force (E.) at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3)