public passenger vehicles act 1981
📖 What is public passenger vehicles act 1981? Meaning and definition
This Act is crucial for anyone involved in the public transport sector in the UK, as it governs the licensing and operation of public service vehicles (PSVs). It establishes that a PSV cannot be used on a road to carry passengers for hire or reward unless the operator holds a valid PSV operator's licence. This licence must specify an operating centre for the vehicles.
The Act distinguishes between different types of licences, notably standard and restricted licences. A restricted licence is for operators whose main job is not operating PSVs adapted to carry more than eight passengers, and it authorises the use of vehicles not adapted to carry more than 16 passengers. For both types of licences, the Act sets out conditions that applicants must meet, such as being of good repute and having appropriate financial standing.
Furthermore, the Act includes provisions for ensuring compliance with legal requirements related to vehicle driving and operation. Traffic Commissioners, who are responsible for granting and revoking these licences, must be satisfied that adequate arrangements are in place for this compliance. The Act also grants Traffic Commissioners the power to revoke licences, as seen in cases where an operator fails to meet the ongoing conditions or legal obligations.
📋 Requirements
- A PSV operator must have a PSV operator’s licence to carry passengers for hire or reward.
- The licence must specify an operating centre.
- Applicants for a restricted licence must be of good repute.
- Applicants for a restricted licence must have appropriate financial standing.
- For a restricted licence, the applicant's main occupation must not be operating PSVs adapted to carry more than eight passengers.
- Adequate arrangements must be in place to ensure compliance with laws relating to vehicle driving and operation.
📝 Procedure
- An application for a PSV operator's licence is submitted to the Office of the Traffic Commissioner.
- The Traffic Commissioner assesses the application against criteria such as good repute and financial standing.
- The Traffic Commissioner may refuse an application if conditions, such as the 'main occupation test' for restricted licences, are not met.
- A Traffic Commissioner can revoke a licence if an operator fails to comply with the Act's requirements.
💡 Examples
- A small community transport group applying for a restricted PSV licence would need to show that operating public service vehicles is not their main business, alongside demonstrating good repute and financial stability.
- A bus company seeking a standard international PSV operator's licence must ensure their proposed operating centre is specified and that they have robust systems for vehicle maintenance and driver compliance.
- If a Traffic Commissioner refuses an application for a restricted PSV licence because the applicant's primary income comes from operating large passenger vehicles, the applicant may appeal this decision.
- A Traffic Commissioner might revoke a company's standard international public service vehicle operator's licence if there are serious concerns about their compliance with vehicle safety or driver hour regulations.
📚 Legal basis
- Public Passenger Vehicles Act 1981
- Public Service Vehicles (Operators’ Licences) Regulations 1995
❓ Frequently asked questions
What is a PSV operator's licence?
A PSV operator's licence is a legal document required under the Public Passenger Vehicles Act 1981 that allows a person or company to use public service vehicles on a road for carrying passengers for hire or reward.
What is the difference between a standard and a restricted PSV licence?
A restricted licence authorises the use of public service vehicles not adapted to carry more than 16 passengers and is for individuals whose main occupation is not operating public service vehicles adapted to carry more than eight passengers. A standard licence is for operators whose main occupation is operating larger public service vehicles.
What does 'good repute' mean for a licence applicant?
While the Act requires an applicant to be of good repute, the specific details of what constitutes 'good repute' are assessed by the Traffic Commissioner based on the applicant's history and conduct, ensuring they are suitable to hold a licence.
Can a PSV licence be refused or revoked?
Yes, a Traffic Commissioner can refuse an application if the requirements of the Act, such as good repute or financial standing, are not met. They also have the power to revoke an existing licence if an operator fails to comply with the law or licence conditions.
What is the 'main occupation test'?
The 'main occupation test' is a condition for a restricted PSV operator's licence, requiring that the applicant's primary job is not the operation of public service vehicles adapted to carry more than eight passengers.
Where can I find more information about the Public Passenger Vehicles Act 1981?
You can find the full text of the Act on official government legislation websites. If you are dealing with a specific licensing issue, it may be beneficial to consult with a qualified solicitor specialising in transport law.