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Statutory Instruments
1995 No. 2909
PUBLIC PASSENGER TRANSPORT
The Public Service Vehicles (Operators' Licences) (Fees) Regulations 1995
Made
11th November 1995
Laid before Parliament
21st November 1995
Coming into force
1st January 1996
The Secretary of State for Transport, in exercise of the powers conferred by sections 52 and 60(1)(e) of the Public Passenger Vehicles Act 1981(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 61(2) of that Act and with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(2), hereby makes the following Regulations:-
Citation and commencement
1. These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Fees) Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2. In these Regulations, unless the context otherwise requires -
"the 1981 Act" means the Public Passenger Vehicles Act 1981;
"the 1985 Act" means the Transport Act 1985(3);
"the 1995 Regulations" means the Public Service Vehicles (Operators' Licences) Regulations 1995(4).
Fees
3.-(1) In this Regulation any reference to a numbered column is a reference to the column bearing that number in the Schedule.
(2) Subject to the subsequent provisions of these Regulations, in relation to a fee number in column 1 the fee prescribed as regards the subject matter specified in column 2 is the fee specified in relation to that fee number in column 3.
(3) Subject to paragraph (4) below, in relation to a fee number in column 1 the prescribed time that a fee in column 3 shall become payable is the time stipulated in column 4.
(4) If a notice of election given by the licence holder under regulation 11(4) of the 1995 Regulations is in force-
(a)in relation to fee numbers (iii) and (iv) in column 1 fees shall be paid by the licence holder in instalments in accordance with the prescribed stipulations in column 5, and
(b)in relation to fee number (vi) in column 1 fees shall be paid by that licence holder for the issue of a disc on an annual basis in accordance with the prescribed stipulations in column 5.
Refund of fees paid for vehicle discs
4.-(1) If a licence is surrendered, or revoked or otherwise terminated under a provision of the 1981 Act or other statutory provision and the requirements of regulation 14(1) of the 1995 Regulations have been met, then any sum paid in respect of a disc which has been issued in relation to that licence and is attributable to any complete months which have not begun at the time of termination, shall be refunded.
(2) If a traffic commissioner under section 16(1) of the 1981 Act varies the condition specifying the maximum number of vehicles which may be used under an operator's licence and the requirements of regulation 14(4) of the 1995 Regulations have been met, then the holder of that licence shall be refunded sums paid for one or more discs, in so far as those sums are attributable to-
(a)complete months that have not begun at the time of the traffic commissioner's decision, and
(b)a disc or discs which will no longer be used under that licence.
(4) If two or more discs have been issued in relation to a licence, then for the purposes of calculating the amount to be refunded under paragraph (1) or (2) the returned disc or discs shall be deemed to be the last one or ones issued.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
11th November 1995
Regulation 3
SCHEDULE
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Fee Number | Subject matter of charge | Fee | Time fee is payable | Annual payments |
| (i) | application for a standard licence (national or international) under section 14(1) of the 1981 Act | £150 | with the application for the grant of the licence | |
| (ii) | application for a restricted licence under section 14(1) of the 1981 Act | £100 | with the application for the grant of the licence | |
| (iii) | fee for the grant of a standard or restricted licence under section 14(1) of the 1981 Act | £100 | within 21 days beginning with the date the decision was made on the application for the grant of a licence | a first payment of £20 shall be made within 21 days beginning with the date the decision was made on the application for the grant of a licence and four subsequent annual payments of £20 shall be made on the anniversary of that date |
| (iv) continuation in force of an existing standard or restricted licence | £100 | before the expiry of a period of 5 years (beginning with the date of either the granting of the licence or the most recent 5 year anniversary of that date, whichever is the later) | a first payment of £20 shall be made before the expiry of a period of 5 years (beginning with the date of either the granting of the licence or the most recent 5 year anniversary of that date whichever is the later) and four subsequent annual payments of £20 shall be made on the anniversary of that date | |
| (v) | application to vary a condition on a licence under section 16(6) of the 1981 Act so as to increase the maximum number of vehicles which may be used at any one time | £75 | with the application for variation | |
| (vi) | fee for a disc issued under section 18 of the 1981 Act | £4.50 for each month (or part of a month) that the disc is expressed to be in force | before the disc is issued | £5.25 for each month (or part of a month) that the disc is expressed to be in force, which shall be paid before the disc is issued |
| (vii) application by the holder of a taxi licence for a restricted operator's licence under section 12 of the 1985 Act ("special licence") | £40 | with the application for the grant of the licence | ||
| (viii) | continuation in force of an existing special licence | £40 | before the expiry of a period of 5 years (beginning with the date of either the granting of the licence or the most recent 5 year anniversary of that date, whichever is the later), | |
| (ix) | fee for issue of a new operator's disc in place of one lost or destroyed | £10 for each duplicate disc | with the application for the duplication disc |
Explanatory Note
(This note is not part of the Regulations)
1. These Regulations replace the provisions in regulations 19 and 20 of the Public Service Vehicles (Operators' Licences) Regulations 1986 as amended, which have been revoked by The Public Service Vehicles (Operators' Licences) Regulations 1995, and impose a new fee structure.
2. Regulation 3 and the Schedule set out the fees for operators' licences and discs, and when they shall be payable.
3. Regulation 4 provides that fees paid for discs which are unused shall be refundable in specified circumstances.
4. The changes are as follows:
| Old Fee | New Fee | ||
|---|---|---|---|
| Application for a standard licence | £150 | ||
| Application for a restricted licence | £100 | ||
| Grant charge for a standard or restricted licence | for each vehicle- £4.50 for each month licence is in force (£270 for 5 years) | Grant of a standard or restricted licence | £100 (for 5 years) |
| Continuation in force of an existing standard or restricted licence | £100 (for 5 years) | ||
| Application to vary a licence so as to increase the maximum number of vehicles which may be used | £75 | ||
| Vehicle disc fee (second and subsequent discs) | for each disc- £4.50 for each month | Vehicle disc fee (first and subsequent discs) | for each disc- £4.50 for each month (£5.25 for each month in the case of an annual disc) |
| Application for a special licence | £40 | Application for a special licences | £40 |
| Continuation in force of an existing special licence | £40 (payable after 5 years) | ||
| Issue of a new disc in place of one lost or destroyed | £10 | ||
1981 c. 14; section 14 was amended by Schedule 2, Part II, paragraphs 4(1) and (5) to the Transport Act 1985 (c. 67) ("the 1985 Act"); section 16(1) was amended by Schedule 2, Part II paragraphs (1) and (7) and Schedule 7 paragraphs 21(1) and (4) to the 1985 Act; section 52 was amended by Schedule 2, Part II, paragraph 4(14) and Schedule 8 to the 1985 Act and by section 66 of the Deregulation and Contracting Out Act 1994 (c. 40); and section 60(1) was amended by section 134(1) of, and Schedule 2 Part II, paragraph 4(18), Schedule 7 paragraph 21(9) and Schedule 8, to the 1985 Act and by section 66(5) of the Deregulation and Contracting Out Act 1994.
1985 c. 67; section 12 was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), section 16 and Schedule 8.
S.I. 1995/2908.