The Goods Vehicle Regulations
Page 40
Page 41
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THESE Regulations are to come into force on January I, 1934. Any person failing to comply with any of the requirements is guilty of an offence and liable to a fine not exceeding £5.
APPLICATIONS FOR LICENCES: A separate application for a licence shall be made in respect of each base, whether in the same traffic area or not, from which the authorized vehicle will normally be used.
An applicant shall not specify a vehicle already specified (a) on any licence held by him (except to renew that licence or to delete from a licence a vehicle of one type and add to the licence another) ; (b) on any licence suspended or revoked ; (c) on any application under consideration by the authority. Every application must be made on the appropriate form and submitted in duplicate.
DATE OF SUBMISSION: Every application must be sent to the licensing authority not less than eight weeks before the date on which the licence or variation is to take effect. The authority may, for special reasons, deal with an application not received by him within the time prescribed.
APPLICATIONS FOR LICENCES AVAILABLE FOR INSPECTION: A copy of every notifiable application shall be available for inspection at the offices of the authority until the application has been determined and during the currency of any licence granted.
A copy of every A and B licence must he available for inspection during its currency by any person appearing to the authority to have reasonable ground to inspect it.
STATEMENT BY LICENSING AUTHOR/TY : The authority shall issue as occasion requires a statement called "Applications and Decisions," which shall contain (1), as regards notifiable applications, (a) notices of such applications; (b) the dates, no date except for special reasons being within 14 days of the issue of the statement, on which and the places at which, he proposes to hold inquiries, their nature, and the applications which be proposes to determine; (c) the decisions arrived at on applications not previously notified. (2) any decision to revoke or suspend a licence.
Copies are to be available at a price not exceeding la. each.
.NOTICE or (Wm-noes: Every objection is to be made in writing and in the form prescribed in schedule 4. It must reach the authority not later than 14 days after notice has appeared. A copy must be sent to the applicant at the same time as to the licensing authority. The authority may, at his discretion, consider any other objection advanced at any inquiry at which the application is heard.
ADJOITILNHENT OP INQIHRIBS: The authority may hear any implication for the purpose of determining which he has given notice that he proposes to hold an inquiry, at any subsequent date to which that inquiry may be adjourned.
PEES FOR LICENCES AND VARIATIONS: Fees for licences other than short-term licences are at the rate of 30s., 20s., 7s. 6d. for each motor vehicle or trailer to he used under A, B or Cl licences respectively, excent in one case mentioned Inter.
The fee for variation of a licence by which is authorized to be used an additional motor vehicle or trailer or either of these in substitution for another of a lesser weight unladen should be computed at the following rates: in respect of A licences where the unexpired period does not exceed 6 months, 7s. 8d.; exceeding 6 but not exceeding 12 months, 15s.; exceeding 12 months but not exceeding 18 months, 22s. 6d. • exceeding 18 months, 30s. As regards B licences, where the unexpired period does not exceed 6 months, the fee is 10s.; exceeding 6 months, 20s. In respect of 0 licences, where the unexpired period does not exceed one year, the fee is 2s. 6d.; exceeding one year but not exceeding two, 5s.; exceeding two years, 7s. 6d.
The fees for short-term licences are to be computed at the following rates for each motor vehicle or trailer: short-term A licence, 7s. 6d.; short-term B licence, 10s.; short-term C licence, 2s. (id., provided that where the licensing authority grants a short-term A licence or short-term B licence under the provisions of Section 3 (4) of the Act, the fees shall be computed at the following rate for each month: short-term A licences, 1s. 3d.; short-term B licences, is. 8d.
The fee for variation of the conditions attached to a B licence under Sub-section 3 or 4 of Section 8 of the Act shall be 10s. .
No fee is payable for any variation which involves solely (a) the deletion of any vehicle authorized, (b) reduction of number authorized or (c) the authorization of the substitution for a specified vehicle of another vehicle of the same or less weight unladen.
Where vehicles are hired by the holder of the licence the fees are payable in respect of each of the number of such vehicles authorized under the licence and not in reepect of each vehicle hired. •
The fee for the issue of a duplicate licence or vehicle certificate is Is.
IDENTIFICATION OF AUTHORIZED VEHICLES: The holder of au A or B licence shall, during the time any vehicle be operated under a licence, affix to it in a waterproof container the relative vehicle certificate. This to be in a conspicuous place on the left or near side of the vehicle, and at all times the certificate must be readily legible.
The holder of a C licence must cause each vehicle authorized to display in letters and figures of specified size and of a shape and colour to be clearly legible, either his name and postal address of the place specified on the licence, or in the manner prescribed in a schedule of the Regulations the identification letter and number of the licence under which the vehicle is operated.
RETURN OF LICENCES AND CERTIFICATES FOR VARIATION : For the purpose of a variation on a licence the holder must return it to the licensing authority for the alteration to he entered, afid, at the same time, in the case of an A or 11 licence, return the vehicle certificate in respect of any vehicle to be deleted.
When the licensing authority has signified his intention
of specifying in a licence any vehicle to be acquired by the applicant, no fee is payable until the applicant notifies the authority and gives the index mark and registration number of the vehicle, and the authority has specified the vehicle in the licence.
Dents FOR THE EXPIRATION OF LICENCES : For the purpose of sub-section (2) of Section 3 of the Act these dates shall be March 24, June 30, September 30 and December 31.
NOTIFICATION OF CHL/NGE OF ADDRESS: If during the currency of the licence the holder changes his address he must notify this within seven days to the authority by whom the licence was granted.
PRODUCTION OF LICENCE FOR EILANLINATION : The holder must produce a licence for examination at his base, head office or principal place of business when required to do so by a pollee constable, certifying officer, examiner or any person empowered by the licensing authority.
Issue Or DUPLICATE LICENCES AND CERTIFICATES: If licence or certificate has been lost, destroyed or defaced during its currency, the holder must notify the authority -who will, if satisfied that it has been lost or damaged, issue a duplicate on payment of ls. The damaged licence must be returned, and the lost licence returned immediately if found.
VF,HICLES PASSING OUT OF POSSESSION OF LICENCE HOLDER: If during the currency of a licence the holder ceases to be the owner of any vehicle specified in it, he must notify the authority within five days, and return the licence for amendment, together with the relative vehicle certificate.
DEAT'H, BANKRUPTCY, Em, OF LICENCE HOLDER : In the event of the death, incapacity, or bankruptcy of the holder, or of the appointment of a receiver or manager in relation to his business, notice must be sent to the authority within five days, and if an application for a new licence be lodged with the authority within 14 days of the date of notification, the legal representative of the holder shall be deemed to be the holder for such period as shall be necessary to enable the application to be determined. Such a period shall in no instance extend beyond the date on which the licence would have expired, but for the occurrence of the said event It shall terminate upon determination of the application by the authority.
APPEALS TO THE TRIBUNAL : Every appeal to the Tribunal against the grant or refusal of a notifiable application, or the suspension or revocation of any licence or against any condition or variation of the conditions attached to the licence, shall be lodged with the Tribunal not later than one month after the date of the publication of the issue of
"Applications and Decisions," in which the decision appealed against is published.
Every appeal against the grant or refusal of an application which is not notifiable, or against any condition or variation of conditions for such application shall be lodged not later than one month after the date of the decision appealed against.
Every appeal must be in writing, and indicate precisely the decision by which the appellant is aggrieved and the grounds upon which the appeal is made. A copy of the appeal must be sent at. the same time as that to the Tribunal, or as soon as possible thereafter, to the licensing
authority, and in the case of an appeal made by an applicant, to every person who made an objection which the licensing authority was bound to consider; or, in the case of an appeal made by a person who made an objection which the authority was bound to consider against the granting of a licence or any condition, to the applicant.
PROHIBITION OF USE OF VEHICLES: Every prohibition of the use of a goods vehicle under sub-section 3 of Section 15 of the Act shall be given by the examiner or certifying officer in writing in the form set out in a schedule to the Regulations.
Where a certifying officer has under the provisions of sub-section 7 of Section 15, inspected a vehicle he shall give his decision, whether or not tn remove the prohibition, in writing to the person on whose application he made the examination. '
Every appeal to the Minister against the refusal of a certifying officer to remove a prohibition must be made in writing within 14 days of the date on which the person was notified.
It must be remembered that these are not the final regulations and that they may be amended in wording and detail, although they must continue to fulfil the requirements of the Act.