Transport Bill - continued        House of Lords

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  PART V
  MISCELLANEOUS AND SUPPLEMENTARY
 
Licensing of operators of goods vehicles
Increase of fine for breach of obligation to hold operator's licence.     253. - (1) In section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator's licence: penalty for offence), for "level 4" substitute "level 5".
 
      (2) Subsection (1) does not apply to any offence committed before this section comes into force.
 
Detention of vehicle used without operator's licence.     254. - (1) In the Goods Vehicles (Licensing of Operators) Act 1995, after section 2 insert-
 
 
"Detention of vehicle used without operator's licence.     2A. Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect."
 
      (2) After Schedule 1 to that Act insert, as Schedule 1A, the Schedule set out in Schedule 29 to this Act.
 
Addition of specified vehicles to operator's licence.     255. In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator's licence), for subsection (6) substitute-
 
 
    "(6) A motor vehicle which is not specified in an operator's licence is not authorised to be used under that licence by virtue of subsection (1) unless the licence-holder-
 
 
    (a) has given to the traffic commissioner by whom the licence was issued a notice in such form and containing such information about the vehicle as the commissioner may require, and
 
    (b) has paid to him a prescribed fee."
 
Licensing of private hire vehicles
Vehicles subject to regulation as private hire vehicles.     256. - (1) In section 79 of the Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for "1(3) or (4)" substitute "1(4)".
 
      (2) After that section insert-
 
 
"Small PSVs subject to regulation as private hire vehicles.     79A. - (1) If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of-
 
    (a) Part II of the Local Government (Miscellaneous Provisions) Act 1976, or
 
    (b) any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.
      (2) If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the Private Hire Vehicles (London) Act 1998.
 
      (3) But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.
 
      (4) In this section-
 
 
    "small bus" means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and
 
    "large buses" means public service vehicles within paragraph (a) of that subsection."
      (3) In section 167(4) of the Criminal Justice and Public Order Act 1994 (touting for hire car services: defence in case of public service vehicles), for "passengers for public service vehicles" substitute "passengers to be carried at separate fares by public service vehicles".
 
 
School crossing patrols
School crossing patrols.     257. - (1) The Road Traffic Regulation Act 1984 is amended as follows.
 
      (2) In section 26 (arrangements for patrolling places where children cross roads during certain periods)-
 
 
    (a) in subsection (1), omit "during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,", and
 
    (b) after that subsection insert-
 
    "(1A) Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit."
 
      (3) In section 28 (power to stop vehicles at school crossings)-
 
 
    (a) in subsection (1)-
 
      (i) omit "between the hours of eight in the morning and half-past five in the afternoon", and
 
      (ii) for "children on their way to or from school, or from one part of a school to another, are" substitute "a person is",
 
    (b) in subsection (2)-
 
      (i) for "children are" substitute "person is", and
 
      (ii) for "their" substitute "his", and
 
    (c) in subsection (5)-
 
      (i) insert "and" at the end of paragraph (a), and
 
      (ii) omit paragraph (c) and the word "and" before it.
 
Supplementary
Offences: general.     258. - (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of-
 
 
    (a) a director, manager, secretary or other similar officer of the body, or
 
    (b) a person who was purporting to act in such a capacity,
       he (as well as the body) commits the offence.
 
      (2) In subsection (1) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body.
 
      (3) If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) commits the offence.
 
Repeals and revocations.     259. Schedule 30 contains repeals and revocations.
 
 
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