Operators' licences
Page 19
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that an l.A can refuse a licence if he thinks this is the case.
Finally, where the applicant is a company the names of the directors and officers of the company must be given: if a partnership the names of the partners must be disclosed, if the company is the subsidiary of another company then the names of the directors and officers of this company must also be given.
Now let us look at Section 94 of the Act which deals with "Transitional provisions and amendments-. it states that where an application for an operator's licence is made by the holder of a carrier's licence before the law requiring operator's licences is in force, then Section 63 of the Act shall not apply. Section 63 gives powers to certain bodies to object to the grant of an operator's licence, so, it follows that in the first instance applications by existing operators cannot be objected to.
Section 94 also states that certain parts of Section 64 of the Act shall not apply when the applicant is already the holder of a carrier's licence. Section 64 is the section which sets out the points which the LA must consider when deciding whether or not to grant a licence. The points which the licensing Authority must consider are: (a) that the applicant is a fit person to hold a licence: (b) that the proposals for a licensed transport manager are satisfactory; that there are satisfactory arrangements for ensuring that the regulations concern ing drivers' hours of work are complied with and that vehicles are not overloaded.
(d) that the maintenance of the vehicles will be satisfactory: (el that the applicant has sufficient financial resources to keep the vehicles properly maintained.
Points (b), (c) and (el are the ones which do not apply when the holder of a carrier's licence makes application for a licence during the transitional period.