sou · GNB360 · 2000-01-01 00:00:00 — (a)The applicant is a fit and proper person to operate the appropriate transport service; (b)person who is to have, or is likely to have, control of the transport service is a fit and proper person to have such control; and (c)The applicant or some person who is to have control of the service is the holder of the appropriate certificate (if any) required by section 18 of this Act; and (d)In the case of a rail service licence, the proposed safety system has been approved under section 6D of this Act. (2) In determining whether or not a person is a fit and proper person to operate or control a transport service, the Secretary shall have regard to the matters specified in section 24 of this Act. Rights of existing licence holders and operators---(1) person who, immediately before the 1st day of , was the holder of a licence issued under Part VII of the Transport Act 1962 shall be deemed to have been granted, on the 1st day of , the equivalent transport service licence under this Act as follows: (b) Holders of taxicab-service licences and passenger-service licences shall be deemed to have been granted a passenger service licence: (2)person who, at any time during the period commencing on the 1st day of and ending on the 31st day of October 1989 (both dates inclusive), carried on a transport service that was not required to be licensed under Part VII of the Transport Act 1962 but is required to be licensed under this Act shall, subject to subsection (3) of this section, be deemed for a transitional period to be the holder of the appropriate transport service licence granted under this Act as follows: (a) Persons carrying on a passenger service shall be deemed to hold a passenger service licence, and persons carrying on a vehicle recovery service shall be deemed to hold a vehicle recovery service licence, during the period commencing on the 1st day of and ending on the 31st day of 1990 (both dates inclusive). (3)licence deemed by subsection (1) or subsection (2) of this section to have been granted under this Act may at any time on or after the 1st day of be revoked or suspended or otherwise dealt with in accordance with the provisions of this Act. (4) For the avoidance of doubt it is hereby declared that, for the purposes of subsection (2) of this section, every local authority constituted by an Order in Council giving effect to a final reorganisation scheme prepared under section 15B of the Local Government Act 1974 is the same local authority as each former authority from which any transport service is transferred to that authority. Refusal to grant transport service licence---(1) The Secretary shall refuse to grant a transport service licence where--- (a)The Secretary is not satisfied that--- (i)The applicant is a fit and proper person to be the holder of a transport service licence; (ii)person who is, or is likely, to have control of or any involvement in the opera- tion of the service, is a fit and proper person to be in control of or involved in the opera- tion of the service; or (b)Neither the applicant nor any person who is to have control of the service holds the certificate appropriate to the proposed service required by section 18 of this Act; or (c)In the case of a rail service licence, the proposed safety system required under section 6A of this Act has not been approved by the Secretary. (2) Where the Secretary proposes to refuse to grant a licence under this section, the Secretary shall, in accordance with section 25 of this Act,--- (a)Notify the applicant and, if appropriate, any person referred to in subsection (1) (a) (ii) of this section, of the Secretary's intention not to grant the licence; and (b)Specify the grounds for the proposed refusal; and (c)Afford a reasonable opportunity for submissions to be made on the matter; and (d)Notify the applicant of the right of appeal under section 42 of this Act. Revocation of transport service licence---(1) Where the Secretary is satisfied that--- (a)The holder of a transport service licence is not a fit and proper person to be the holder of a transport service licence; or (b)person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service,--- the Secretary may revoke the transport service licence. (2)Before revoking a transport service licence under this section the Secretary shall, in accordance with section 25 of this Act,--- (a) Notify the licence holder, and, if appropriate, any person referred to in subsection (1) (b) of this section, of the Secretary's intention to revoke the licence; and (b) Specify the grounds for the proposed revocation; and (c) Afford a reasonable opportunity for submissions to be made on the matter; and (d) Notify the licence holder of the right of appeal under section 42 of this Act. (3)Where the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,--- (a) The notice required to be given to the licence holder by section 25 of this Act shall specify the steps that the Secretary will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and (b) The licence shall not be revoked where the licence holder complies with any such requirements of the Secretary. Demerit points system for operators and drivers---(1) person convicted of an offence specified in the Second Schedule to this Act shall incur--- (a)The number of operator demerit points specified in the fourth column of that Schedule in relation to the offence; and (b)The number of driver demerit points specified in the fifth column of that Schedule in relation to the offence. (2)No person shall incur demerit points under subsection (1) of this section--- (a) In respect of any offence committed before the 1st day of ; or (b) Where the offence related to the use by the person of a motor vehicle of less than 3,500 kilograms gross laden weight for purposes unconnected with a transport service. (3)Demerit points shall be deemed to have been incurred on the date on which the offence to which they relate was committed. (4)Where a person is convicted of 2 or more offences arising out of the same set of circumstances, demerit points shall be recorded in relation to one such offence only, being, in any case where the same number of demerit points does not apply to both or all those offences, the offence to which the greatest number of demerit points applies. (5)Where any person appeals against a conviction for an offence to which subsection (1) of this section applies,--- (a)No demerit points shall be recorded in relation to the offence pending the determination of the appeal; and (b)recording of demerit points made in relation to the offence before the filing of the notice of the appeal, and any disqualification imposed as a result thereof, shall be deemed to be cancelled; and (c)If on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or dismissed for want of prosecution, demerit points shall be recorded in relation to the offence. (6) When 2 years has elapsed since the date of the commission of an offence for which demerit points have been recorded in respect of any person, the points in respect of that offence shall cease to have effect except in relation to other offences of which that person is convicted that were committed within 2 years before or after the commission of that offence. Nothing in this subsection shall cause any period of disqualification under section 14 of this Act to cease. Secretary to give notice when 100 demerit points incurred---(1) Where, in relation to offences committed within any 2-year period, 100 or more demerit points have been recorded under this Act in respect of any holder of a transport service licence, person having control of a transport service, or transport service driver, the Secretary shall where reasonably practicable cause a notice in writing to be given to the person--- (a)Warning the person of the consequences under section 14 of this Act of further demerit points being recorded against the person; and (b)Informing the person of the number of demerit points already so recorded; and (c)The offences in respect of which the points were recorded. (2)Without limiting subsection (1) of this section, the Secretary shall not be obliged to give any such notice where on any one occasion, or on any 2 or more occasions occurring within such a period that it would not be reasonably practicable for the Secretary to give such notice, the person is convicted of one or more offences carrying 100 or more demerit points in total. (3)The failure to give notice under subsection (1) of this section shall not affect any person's liability to disqualification under section 14 of this Act. Disqualification of operator or driver where 200 demerit points incurred---(1) Where any holder of a transport service licence or person having control of a transport service has, in respect of offences committed within any 2-year period, incurred 200 or more operator demerit points, the Secretary shall, unless for special reasons relating to any of the offences for which the demerit points were incurred the Secretary determines otherwise, disqualify that person from--- (a)Holding any transport service licence; and (b)Having control of any transport service,--- for a period of 5 years commencing on the date on which the disqualification takes effect pursuant to this section. (2)Where any transport service driver has, in respect of offences committed within any 2- year period, incurred 200 or more demerit points, the Secretary shall, unless for special reasons relating to any of the offences for which the demerit points were incurred the Secretary determines otherwise, disqualify that person from driving any vehicle being used in a transport service, other than a rental service, for a period of 5 years commencing on the date on which the disqualification takes effect pursuant to this section. (3)Where the Secretary determines to disqualify a person under this section, the Secretary shall, in accordance with section 25 of this Act,--- (a) Notify the person of the proposed disqualification; and (b) Specify the grounds for the proposed disqualification, and notify the person of--- (i)The number of operator or driver demerit points incurred by the person; and (ii)The offences in respect of which the points were incurred; and (iii)The dates on which the offences were committed; and (c)Afford a reasonable opportunity for submissions to be made on the matter; and (d)Notify the person of the right of appeal under section 42 of this Act. (4)Where the person liable to disqualification is a person who does not hold a transport service licence, any copy of the notice that the Secretary supplies to the licence holder under section 25 of this Act shall not include the matters referred to in subparagraphs (ii) and (iii) of subsection (3) (b) of this section. (5)Where the Secretary determines to disqualify a person under this section,--- (a)The period of disqualification shall commence as soon as practicable, once the requirements of section 25 of this Act have been fulfilled; but (b)The Secretary may defer the commencement of any period of disqualification for such period not exceeding 3 months as the Secretary considers appropriate if the Secretary is satisfied that immediate commencement of the period of disqualification would cause undue hardship for any person other than the person disqualified. (6) The effect of any disqualification under this section shall be as follows: (a)Where the person is the holder of a transport service licence, that licence is deemed to be revoked from the date of disqualification: (b)Where the person is a person having control of a transport service but is not the holder of the transport service licence, the person shall be deemed not to be a fit and proper person to have control of the service and the Secretary may, unless satisfied that all practicable steps have been taken to remove the person from control of the service, proceed to revoke the transport service licence in accordance with the requirements of sections 11 and 25 of this Act: (c)Where the person is a transport service driver the provisions of section 17 of this Act shall apply in relation to that person. (7)Nothing in this section shall derogate from or affect any power under this or any other Act to revoke or suspend or otherwise deal with any transport service licence or driver's licence or to disqualify any person from control of or involvement in any transport service. (8)person commits an offence who--- (a)Being a person disqualified under subsection (1) of this section, applies for a transport service licence or is in control of any transport service during the period of disqualification; or (b)Engages or employs any person in a position in which that person has control of a transport service, knowing that person to be disqualified from such a position,--- and is liable on summary conviction to a fine not exceeding ,000. Disqualification of transport service driver---(1) Where the Secretary is satisfied that a transport service driver is not a fit and proper person to drive any vehicle being used in a transport service, the Secretary may disqualify that person from driving any vehicle being used in a transport service (other than a rental service) for such period not exceeding 10 years as the Secretary thinks fit. (2) Before disqualifying a person under this section, the Secretary shall, in accordance with section 25 of this Act,--- (a)Notify the person of the proposed disqualification; and (b)Specify the grounds for the proposed disqualification; and (c)Afford a reasonable opportunity for submissions to be made on the matter; and (d)Notify the person of the right of appeal under section 42 of this Act. Immediate suspension of driver in interests of public safety, etc.---(1) Where, in relation to a person who is a transport service driver,--- (a)The Secretary considers that the person is not a fit and proper person to drive any vehicle being used in a transport service and that the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver; or (b)The person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver,--- the Secretary may, by notice in writing to the person, and notwithstanding anything in any other provision of this Act, suspend that person from driving any vehicle being used in a transport service, either immediately or with effect from such date as the Secretary may specify. (2) Where the Secretary suspends a person's driver's licence under this section,--- (a)notice to be given under subsection (1) of this section shall--- (i)Inform the person of the grounds of the suspension; and (ii)Inform the person that the person may make submissions on the matter to the Secre- tary; and (iii)Notify the person of the right of appeal under section 42 of this Act; and (b)The Secretary shall as soon as practicable consider any submissions made on the matter by the person and notify the person of the result of any such consideration. (3)The Secretary may at any time withdraw a suspension imposed under this section. (4)Where any suspension has been imposed in respect of a person to whom subsection (1) (b) of this section applies, the suspension shall cease immediately the charge is withdrawn or the person is found not guilty of the offence charged. (5)Nothing in this section shall derogate from or affect any power under this or any other Act to revoke, suspend, or otherwise deal with any licence or person involved in any transport service. Effect of disqualification or suspension of transport service driver---(1) Where the Secretary disqualifies or suspends any person from driving a vehicle being used in a transport service under section 14 or section 15 or section 16 of this Act, the Secretary may, for the period of the disqualification or suspension,--- (a)Revoke or suspend any driver's licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and (b)Prohibit the person from driving any vehicle being used in a transport service (other than a rental service), notwithstanding that the person may obtain or continue to hold a driver's licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a vehicle that may be used in a transport service. (2)Nothing in this section or in sections 14 to 16 of this Act shall derogate from or affect any power of the Secretary under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any regulations made under that Act to revoke, suspend, or otherwise deal with any driver's licence in accordance with the provisions of that Act or those regulations. (3)person commits an offence who, having been prohibited pursuant to subsection (1)(b) of this section from driving a vehicle being used in a transport service, drive during the currency of any such prohibition any vehicle being used in a transport service (other than a rental service). (4)person who commits an offence against subsection (3) of this section is liable on conviction to a fine not exceeding ,000 and to disqualification from holding or obtaining a driver's licence for such period (if any) as the Court thinks fit. (5)person commits an offence and is liable on summary conviction to a fine not exceeding who applies for or obtains a driver's licence, other than a driver's licence that relates principally to the use of private motor vehicles, while the person is disqualified under subsection (1) (a) of this section from obtaining the licence. Certificate of knowledge of law and practice required for transport service operations-- -(1) Subject to subsection (2) of this section, after the 31 day of , no person shall be entitled to obtain a transport service licence or continue to hold any such licence unless that person or some person who has or is to have control of the service is the holder of a certificate issued by the Secretary or a person approved by the Secretary to the effect that the person concerned has an adequate knowledge of the laws and practices concerning the safe and proper operation of the transport service to which the licence relates. (2)Nothing in subsection (1) of this section shall apply to require the holding of a certificate in respect of any transport service licence to the extent that--- (a) exemption is prescribed or granted pursuant to the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or regulations made under that Act; or (ab) On the 31st day of the holder of the licence was the holder of a relevant transport service licence; or (ac) The licence concerned is a rail service licence; or (b) The Secretary, having regard to the limited or infrequent nature of the service or proposed service, or any other matter that the Secretary considers relevant, exempts the holder from that requirement. (1990:123, 1992:109) (3)exemption granted by the Secretary under subsection (2) (b) of this section may be for such limited period or subject to such conditions as the Secretary thinks fit. (4)If at any time neither the holder of a transport service licence nor any person who has control of the service is the holder of a certificate required by this section, the Secretary, after giving the holder of the licence not less than 28 days' notice of the Secretary's intention to do so, and a reasonable opportunity to make submissions on the matter, may suspend the licence until the holder of the licence or some person who has control of the service is the holder of such a certificate. (5)Subject to subsection (4) of this section, any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Secretary accordingly. (6)licence holder or person having control of a transport service who notifies the Secretary under subsection (5) of this section that the licence holder or any person having control of the service holds the appropriate certificate required by this section, knowing that that information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on summary conviction to a fine not exceeding ,000. (1) No person shall drive a taxi or cause or permit another person to drive a taxi unless the driver holds an area knowledge certificate issued by the Secretary, or by a person or organisation approved under subsection (4) (b) of this section, in respect of that person. (2) No person driving a taxi shall accept a hire in any area unless the person holds an area knowledge certificate applicable to that area. (3)approved taxi organisation shall notify the Secretary in writing of its operating area by reference to local authority boundaries. (4)An area knowledge certificate--- (a)Shall be in a form prescribed by the Secretary: (b)be issued by a person or organisation approved by the Secretary: (c)Shall not be issued unless the applicant has passed a test prescribed by or under regulations made under section 66 of this Act, which test shall be conducted in English: (d)Shall relate specifically to the operating area (as notified to the appropriate regional council under Part II of this Act) of the approved taxi organisation for which the applicant will be driving. (5)The Secretary may revoke any approval given under subsection (4) (b) of this section, if the Secretary considers that the holder of the approval has failed to maintain a standard of competency the Secretary considers appropriate. (6)person commits an offence and is liable on summary conviction to a fine not exceeding ,000 who--- (a) Drives a taxi without holding an area knowledge certificate under this section; or (b) Causes or permits to drive a taxi another person who does not hold an area knowledge certificate under this section; or (c) While driving a taxi, accepts a hire in any area without holding an area knowledge certificate under this section that is applicable to that area. (2) Notwithstanding subsection (1) of this section, every person who, at the commence- ment of this section, holds a Class C licence shall be deemed to be the holder of an area knowledge certificate issued under section 18A of the principal Act (as inserted by subsection (1) of this section) in respect of the areas in which the holder's taxi organisation is operating unless and until--- (a)The holder accepts a hire in any other area; or (b)The approved taxi organisation alters its operating area. Drivers of small passenger vehicles and vehicle recovery service vehicles to hold photographic driver identification card---(1) Except in accordance with an exemption under subsection (2B) of this section, no person shall, on or after the 1st day of , drive a small passenger service vehicle or a vehicle recovery service vehicle being used in any transport service unless that person holds a current driver identification card. (2) A driver identification card---