Transport Act 1985
| Year | 1985 |
Transport Act 1985
1985 CHAPTER 67
An Act to amend the law relating to road passenger transport; to make provision for the transfer of the operations of the National Bus Company to the private sector; to provide for the reorganisation of passenger transport in the public sector; to provide for local and central government financial support for certain passenger transport services and travel concessions; to make further provision with respect to the powers of London Regional Transport; to make new provision with respect to the constitution, powers and proceedings of the Transport Tribunal; to make provision with respect to grants payable under section 92 of the Finance Act 1965; to establish a Disabled Persons Transport Advisory Committee; and for connected purposes.
[30th October 1985]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
General Provisions Relating to Road Passenger Transport
Abolition of road service licensing
1 Abolition of road service licensing.
(1) The provisions of Part III of the 1981 Act (road service licences) shall cease to have effect.
(2) Those provisions are replaced—
(a ) in relation to London local services, by Part II of this Act; and
(b ) in relation to other local services, by sections 6 to 9 of this Act.
(3) Schedule 1 to this Act shall have effect for the purpose of making amendments in other enactments consequential on this section.
Meaning of ‘local service’
2 Local services.
(1) In this Act ‘local service’ means a service, using one or more public service vehicles, for the carriage of passengers by road at separate fares other than one—
(a ) which is excluded by subsection (4) below; or
(b ) in relation to which (except in an emergency) one or both of the conditions mentioned in subsection (2) below are met with respect to every passenger using the service.
(2) The conditions are that—
(a ) the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;
(b ) some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places.
(3) Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of subsection (1) above.
(4) A service shall not be regarded for the purposes of this Act as a local service if—
(a ) the conditions set out in Part III of Schedule 1 to the 1981 Act (trips organised privately by persons acting independently of vehicle operators, etc.) are met in respect of each journey made by the vehicles used in providing the service; or
(b ) every vehicle used in providing the service is so used under a permit granted under section 19 of this Act.
(5) Subsections (5)(b ), (c ) and (6) of section 1 of the 1981 Act (meaning of ‘fares’) shall apply for the purposes of this section.
Traffic commissioners
3 Traffic commissioners.
(1) There shall cease to be a body of traffic commissioners for each traffic area constituted for the purposes of the 1981 Act (and the appointment of any person who, immediately before the day on which this section comes into force, was a traffic commissioner or deputy to a traffic commissioner shall accordingly come to an end on that day).
(2) For sections 4 and 5 of the 1981 Act (traffic commissioners) there shall be substituted the following sections—
4 ‘Traffic commissioners.
(1) There shall be a commissioner for each traffic area constituted for the purposes of this Act.
(2) The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area.
(3) The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment.
(4) Any person appointed to be the traffic commissioner for a traffic area shall—
(a ) act under the general directions of the Secretary of State; and
(b ) vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty's pleasure.
(5) Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain.
(6) Schedule 2 to this Act shall have effect with respect to traffic commissioners.
5 Publication of information by traffic commissioners.
(1) Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed.
(2) Where the traffic commissioner for a traffic area publishes information under this section he shall—
(a ) send a copy of the publication—
(i) to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and
(ii) where that traffic area falls wholly or partly within London, to London Regional Transport; and
(b ) make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one.
(3) In this section ‘local authority’ means—
(a ) in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and
(b ) in Scotland, any regional or islands council.’
(3) For Schedule 2 to the 1981 Act (traffic commissioners) there shall be substituted the Schedule set out in Part I of Schedule 2 to this Act.
(4) For subsection (1) of section 59 of the 1968 Act (licensing authority for Part V of that Act) there shall be substituted—
(1) The traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Part of this Act and is in this Part of this Act referred to as ‘the licensing authority.’’
(5) Part II of Schedule 2 to this Act shall have effect for the purpose of making further consequential amendments in other enactments.
4 Inquiries held by traffic commissioners.
4. For section 54 of the 1981 Act (procedure of traffic commissioners) there shall be substituted the following section—
54 ‘Inquiries held by traffic commissioners.
(1) A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.
(2) Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests.
(3) Subject to any provision made by regulations, any inquiry held under this section shall be public.
(4) Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.
(5) Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.
(6) Regulations may make provision, in relation to orders under subsection (5) above, as to—
(a ) the method of calculating the amount of any costs incurred as mentioned in that subsection; and
(b ) the maximum amount which may be ordered to be paid under such an order.
(7) Any amount so ordered to be paid by any person may be recoverable from him—
(a ) in England and Wales, as a debt due to the Crown; or
(b ) in Scotland, by the Secretary of State.
(8) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except—
(a ) with the consent of the person...
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