Transport Bill - continued        House of Lords
PART V, MISCELLANEOUS AND SUPPLEMENTARY - continued

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Licensing of operators of goods vehicles
Increase of fine for breach of obligation to hold operator's licence.     261. - (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.     262. - (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 30 to this Act.
 
Addition of specified vehicles to operator's licence.     263. 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.     264. - (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".
 
 
Enforcement of requirements relating to drivers' hours
Power to prohibit driving of vehicle.     265. After section 99 of the Transport Act 1968 insert-
 
 
"Power to prohibit driving of vehicle.     99A. - (1) If-
 
    (a) the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of that section,
 
    (b) it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of-
 
      (i) sections 96 to 98 of this Act and any orders or regulations under those sections, or
 
      (ii) the applicable Community rules,
 
    or that there will be such a contravention if the vehicle is driven on a road, or
 
    (c) it appears to an authorised person that an offence under section 99(5) of this Act has been committed in respect of a UK vehicle or its driver,
       the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.
 
      (2) Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.
 
      (3) On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.
 
      (4) Any direction under subsection (2) of this section may be given-
 
 
    (a) in the notice under subsection (3) of this section, or
 
    (b) in a separate notice in writing given to the driver of the vehicle.
      (5) In this section-
 
 
    "authorised person" means-
 
      (a) an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
 
      (b) a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;
 
    "UK vehicle" means a vehicle registered under the Vehicle Excise and Registration Act 1994.
Duration and removal of prohibition.     99B. - (1) Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force-
 
 
    (a) until it is removed under subsection (3) of this section, or
 
    (b) in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs.
      (2) Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.
 
      (3) A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.
 
      (4) In this section, "authorised person" has the same meaning as in section 99A of this Act.
 
Failure to comply with prohibition.     99C. Any person who-
 
 
    (a) drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act,
 
    (b) causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or
 
    (c) refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act,
       shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."
 
 
Appeals relating to London service permits
London service permits: appeals.     266. - (1) Section 189 of the Greater London Authority Act 1999 (appeals against decisions of Transport for London about London service permits) is amended as follows.
 
      (2) In subsections (2) and (4) (appeals to be made to Mayor), for "appeal to the Mayor" substitute "make an appeal".
 
      (3) In subsection (5) (appeal to be made within 28 days of issue of notice of decision), insert at the end "; but, subject to that, the procedure for the making of appeals under this section shall be such as the Secretary of State may by regulations prescribe."
 
      (4) For subsection (6) (Mayor to refer appeal to panel appointed by him) substitute-
 
 
    "(6) An appeal under this section shall be heard by a panel of persons appointed by the Lord Chancellor for the purpose of hearing such an appeal ("an appeal panel")."
 
      (5) For subsection (7) (charging by Mayor of fees for appeals) substitute-
 
 
    "(7) The Secretary of State may make regulations providing for the charging of reasonable fees in respect of appeals under this section."
 
      (6) In subsection (9) (payment by Mayor of fees and expenses of panel members), for "Mayor" substitute "Secretary of State".
 
      (7) For subsections (11) to (13) (power of panel to report to Mayor who may issue appropriate guidance or directions to Transport for London) substitute-
 
 
    "(11) An appeal panel which has heard an appeal against a decision may-
 
 
    (a) uphold the decision,
 
    (b) quash the decision, or
 
    (c) substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate.
      (12) An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above."
 
      (8) In section 420(7) of that Act (regulations subject to negative Parliamentary procedure), after the entry relating to any provision contained in Chapters I to IV or VI of Part III, insert-
 
 
    "section 189;".
 
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