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Transport Act 1985

Transport Act 1985

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The list of designated bodies is subject to review. This means that bodies may be added or removed from the list. Any permit issued by a body ceases to be valid if that body is removed from the list. An application for a new permit should be made to the traffic commissioner or another appropriate designated body. 5. Safety, licensing and vehicle maintenance

where the operator and/or local authority has failed to co-operate with the relevant enforcement agency investigation; Failure to comply with the relevant legislation is also likely to influence the determination of a company’s good repute (see Statutory Guidance and Statutory Directions on Good Repute and Fitness). SanctionsThe government has given effect to the short distance exemption through The Transport Act 1985 (Amendment) Regulations 2019 which came into force on 1 October 2019. It is also important that traffic commissioners consider the question of the adequacy of monitoring in the round by adopting a global approach (see Ribble Motor Services Ltd v Traffic Commissioner for the North West Traffic Area [2001] EWCA Civ 267). Vehicles adapted to carry 9 to 12 seated passengers are Class IV vehicles and may be tested at those MOT testing stations which are authorised to test such vehicles.

requiring operators to monitor the performance of services and inform the authority of any difficulty in maintaining timetables; Current guidance in respect of the meaning of the term ‘main occupation’ (for the purpose of the granting of a restricted PSV ‘O’ licence) is set out in paragraphs 27 to 29 of the Traffic Commissioners statutory document no. 13 (small PSV operations). It is important that the traffic commissioner’s statutory powers should not be emasculated by an over elaborate approach to the investigation or an unnecessary attention to detail. See: providing operators with detailed, frequent, clear and advance information about emergency and programmed works on the highway (both highway and statutory undertaker works and Traffic Management Act pre-notice requirements when these apply);

Changes over time for: Section 28

Section 139 of the Transport Act 2000 (‘TA 2000’) provides that each local transport authority must determine, having regard to their local transport plan, what local bus information should be made available to the public and the way in which it should be made available. Section 140 makes provision for where local authorities cannot make satisfactory arrangements with operators. In December 2018, solicitors acting on behalf of the Bus and Coach Association applied to the High Court for permission to judicially review the Department’s approach to the ‘exclusively non-commercial purposes’ exemption. The High Court heard the case on 19 November 2019 and handed down their judgment on 6 December 2019. Class E - persons living within a geographically defined local community, or group of communities, whose public transport needs are not met other than by virtue of services provided by the body holding the permit. Where an operator applies for the period of notice to be abridged and relies on circumstances which could not have been foreseen, the test is not to be applied to the situation as at the date when the application for short notice cancellation is actually made. The test has to be applied at an earlier stage, namely at the date on which the operator would have made the application if he had been able to foresee the events which were not reasonably foreseeable (see 2009/030 Pilkingtons Accrington Ltd trading as King Transport).



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