HC Deb 21 May 1985 vol 79 cc977-8
Mr. Ancram

I beg to move amendment No. 35, in page 9, line 13, leave out 'PSV operator's licence' and insert 'licence or permit'.

Mr. Deputy Speaker

With this we shall take the following amendments: No. 36, in page 9, line 14, at end insert 'or, as the case may be, to that permit.'.

No. 39, in line 21, leave out TSV operator's licence' and insert `licence or permit'.

No. 41, in line 27, leave out `PSV operator's licence' and insert 'licence or permit'.

No. 59, in page 20, line 27, clause 21, leave out subsection (4).

Mr. Ancram

When a traffic commissioner has determined traffic regulation conditions they are attached to the PSV operator's licence. That applies to any operator who has registered a local service that is affected by the conditions. Holders of community bus permits can also register local services. Under the amendments, traffic regulation conditions will be attached to a permit in the same way as they are to an operator's licence.

Mrs. Dunwoody

I am grateful to the Minister. I take it that the amendment follows the discussion that took place in Committee on this issue.

Mr. Ancram

Indeed.

Amendment agreed to.

Amendments made: No. 36, in page 9, line 14, at end insert 'or, as the case may be, to that permit.'.

No. 38, in line 15, leave out from beginning to 'is' in line 17 and insert— '(2) In this section "licence" means a PSV operator's licence; "permit" means a permit under section 20 of this Act; and a licence or permit is relevant for the purposes of this section if a local service registered under section 6 of this Act by the holder of the licence or permit'.

No. 39, in line 21, leave out `PSV operator's licence' and insert 'licence or permit'.

No. 40, in line 25 after third 'the', insert 'particulars of the'.

No. 41, in line 27, leave out 'PSV operator's licence' and insert 'licence or permit'.— [Mr. David Mitchell.]

Mr. David Mitchell

I beg to move amendment No. 42, in page 9, line 36, leave out subsection (6) and insert— '(6) Where the operator of a local service is unable both to operate the service in accordance with the particulars of the service registered under section 6 of this Act and to comply with—

  1. (a) traffic regulation conditions; or
  2. (b) any other provision of a kind mentioned in subsection (5) above;
any failure to operate the service in accordance with those particulars which occurs at any time before the expiry of the prescribed period beginning with the coming into force of the conditions or provision shall be disregarded to the extent to which it is attributable to his having to comply with the conditions or provision.'. Subsection (6), as drafted, dispenses an operator from the requirement to run as registered if he is prevented from doing so by traffic regulation conditions. The amendment widens the dispensation to cover prevention by provisions under the Road Traffic Regulations Act 1984 or, for instance, a similar local Act. It also narrows the dispensation by limiting it in time. I commend the amendment to the House.

Amendment agreed to.

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