Road transport passenger law: entering the business
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ALARGE number of examination questions on road passenger law are concerned with the many licences obtaining and the problem of entering the business. It is worthwhile taking time to look at the multitude of licences required for bus operation.
The prospective entrant to the industry meets his first hurdle with the necessity of gaining a public service vehicle licence. It was previously noted that a Certificate of Fitness is a primary requirement for any vehicle carrying eight or more passengers for hire or reward. Thus, some capital expenditure is inevitable if vehicles are to be maintained at the proper standard.
The certificate is usually issued for seven years but may be revoked following an unsatisfactory report as a result of a later inspection. The need for efficient maintenance is a heavy item of costs of an operator.
The Traffic Commissioners issue p.s.v. licences for one year. Apart from the production of a Certificate of Fitness, the Commissioners require assurance that the holder is a "fit and proper person" to operate vehicles. In this context, interest is shown in the financial position of an undertaking to meet the liabilities which will arise from operation.
The Commissioners have the power to revoke or suspend a p.s.v. licence where an operator is failing to satisfy requirements but the operator has the right of appeal to the Minister in respect of both p.s.v. licences and Certificates of Fitness.
No vehicle may be operated as a stage, express or contract carriage without a p.s.v. licence covering the type of operation concerned. Records, moreover, need to be kept of the use made of each p.s.v. vehicle. All these are additional requirements to the normal excise licence which is necessary for any motor vehicle.
All drivers and conductors need licences which are issued by the Traffic Commissioners (in the Metropolitan area by the Metropolitan Police). These are issued for three years but can be withdrawn at any time with the right of appeal to local magistrates.
All these licences and requirements must be met by an operator desiring to operate a passenger vehicle as a contract carriage. In spite of this elaborate procedure, contract hire work is an industry of many firms, large and small, with a high degree of competition.
In the sphere of stage and express carriage operators, the position is, however, very different by virtue of the more selective function of the Traffic Commissioners in granting road service licences. The legal proceedings required in the acquisition of these licences for stage and express work will be reviewed next week.
Mr. Wilmot is Lecturer in Transport Studies, University of London.