Goods Vehicles (Permits) Regulations, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/1008 |
| Year | 1949 |
1949 No. 1008
3. GOODS VEHICLES (PERMITS)
The Goods Vehicles (Permits) Regulations, 194925thMay 1949
26thMay 1949
8thJune 1949
ARRANGEMENT OF REGULATIONS
Regulation
Short title and commencement … … … … … … … … … 1
Interpretation … … … … … … … … … … … … 2
Applications for permits … … … … … … … … … … 3-5
Grant or refusal of permits and issue of vehicle passes … … 6
Variation of permits and issue of supplementary or additional
vehicle passes … … … … … … … … … … … … 7
Production of permits, vehicle passes and other documents … 8
Issue of copies of permits, vehicle passes and other documents 9
Return of permits, vehicles passes and other documents … … 10
Death, bankruptcy, etc., of holder of permit … … … … … 11
Appeals to Tribunal … … … … … … … … … … … 12
Computation of time … … … … … … … … … … … 13
Schedule
Forms of application for permits … … … … … … … … First
Forms of permits, vehicle pass, variation of ordinary permit
and supplementary vehicle pass … … … … … … … … Second
The Minister of Transport in exercise of the powers conferred upon him by Sections 61 and 119 of the Transport Act, 1947(a), and by Sections 21 and 25 of the Road and Rail Traffic Act, 1933(b), as applied by Section 60 of the Transport Act, 1947, and of all other powers him enabling hereby makes the following Regulations:—
Short title and commencement
1. These Regulations shall come into operation on the 8th day of June, 1949, and may be cited as the Goods Vehicles (Permits) Regulations, 1949.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them that is to say:—
"the Act" means the Transport Act, 1947.
"the Executive" means the Road Transport Executive.
"licence" means an A licence or a B licence granted under the Road and Rail Traffic Act, 1933, or a corresponding defence permit issued under Regulation 72 of the Defence (General) Regulations, 1939, as having effect by virtue of the Supplies and Services (Transitional Powers) Act, 1945(c), as extended by the Supplies and Services (Extended Purposes) Act, 1947(d).
"licensing authority" means a Licensing Authority for Goods Vehicles.
"permit" means a permit granted by the Executive under Section 52 of the Act.
"ordinary permit" means a permit which is not an original permit or a substituted permit or a job permit.
"original permit" and "substituted permit" have the meanings respectively assigned to them by Section 53 of the Act.
"job permit" means a permit granted for a period not exceeding seven days and issued in relation to a particular piece of work in respect of not more than one motor vehicle specified in the permit and not more than one trailer of the description so specified drawn by that vehicle.
"the Tribunal" means—
(a) the Appeal Tribunal constituted under Section 15 of the Road and Rail Traffic Act, 1933, in relation to any appeal brought before the day which is the appointed day for the purposes of the provisions of Part V of the Act relating to the transfer to the Transport Tribunal of jurisdiction under the said Section 15, and
(b) the Transport Tribunal in relation to any appeal brought on or after that day.
(c) 9 & 10 Geo. 6. c. 10.
"vehicle pass" means a vehicle pass issued under Regulation 6 of these Regulations.
"supplementary vehicle pass" means a supplementary vehicle pass issued under Regulation 7 of these Regulations.
(2) The Interpretation Act, 1889(a), shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Applications for Permits
3.—(1) Every application for a permit shall be made in duplicate in such one of the forms set out in the First Schedule to these Regulations as is applicable to the case and shall embody such particulars as are required by that form.
(2) Every such application shall be signed by the applicant or, if the applicant is a corporate body or partnership firm, by a person duly authorised in that behalf by such body or a partner of the partnership firm, as the case may be.
(3) Every such application shall be made to the Executive by sending the application in a prepaid letter addressed to them at the office designated by the Executive for this purpose in the area in which the operating centre of the vehicles is situated or by delivering the application to the Executive at the said office.
4.—(1) An application for a permit not being a job permit shall be confined to vehicles having the same operating centre, but more than one application for a permit may be made by the same person.
(2) An application for such a permit shall not include a vehicle which is not a vehicle authorised to be used under a licence held by the applicant, being in the case of an application for an original permit or a substituted permit a licence held by him on the 28th November, 1946, or a licence granted in substitution for a licence so held by him or, if the occasion of the substitution is such an assignment as is referred to in subsection (7) of Section 53 of the Act, by the assignor.
(3) An application for a job permit shall be confined to one motor vehicle and one trailer (if any) to be drawn by that vehicle, being vehicles authorised to be used under a licence held by the applicant.
(4) An applicant, if so required, shall supply to the Executive such information, in addition to that contained in his form of application, as may, in the opinion of the Executive, be reasonably necessary for the purpose of determining his application.
(5) Every application for an original permit shall be made to the Executive within the time prescribed by paragraph (a) of the next succeeding Regulation.
5. For the purposes of subsection (2) of Section 53 of the Act—
(a) the prescribed time after the 1st day of July, 1949, before the expiration of which an application may be made to the Executive for an original permit shall be one month; and
(b) the prescribed period after any application so made has been dealt with by the Executive, until the elapse of which the condition provided for by subsection (1) of Section 52 of the Act is not to operate
(a) 52 & 53 Vict. c. 63.
so as to prevent the doing of anything which could lawfully have been done if a permit had been granted in all respects in accordance with the application for an original permit, shall be one month or the period expiring one month after the day which is the appointed day for the purposes of the provisions of subsection (1) of Section 52 of the Act, whichever is the longer.
Grant or Refusal of Permits and issue of Vehicle Passes
6.—(1) Every permit not being a job permit granted by the Executive shall be in such one of the forms set out in the Second Schedule to these Regulations as is applicable to the case and shall be issued to the applicant together with a vehicle pass or passes in the form set out in the Second Schedule to these Regulations to identify the vehicles authorised to be used under the permit. The number of vehicle passes issued shall be equal to the number of motor vehicles authorised to be used at any one time under the permit.
(2) Where such a permit is refused, the Executive shall so inform the applicant in writing.
(3) The decision of the Executive to grant or to refuse an application for a job permit shall be recorded on both forms by which the application is made in the manner indicated and the applicant shall be notified of the decision by the return to him of one of the said forms, and where that form includes the record of a decision by the Executive to grant the application, the form shall, subject to compliance with the provisions of the next succeeding paragraph of this Regulation, constitute the job permit.
(4) The holder of a job permit shall cause to be recorded in the space provided thereon—
(a) before the motor vehicle and the trailer (if any) are used on the work specified in the permit, the index mark and registration number of the motor vehicle, the unladen weight of the trailer (if any), and the actual time and date of starting on the work, and
(b) as soon as may be after the motor vehicle and the trailer (if any) have completed the said work, the actual time and date of the completion thereof.
Variation of Permits and issue of Supplementary or additional Vehicle Passes
7.—(1) The holder of an ordinary permit in which the motor vehicles authorised to be used thereunder are specified in the permit, may apply to the Executive at any time whilst the permit is in force for the variation of the permit so as to include—
(a) another specified motor vehicle or vehicles in substitution for any of the motor vehicles specified in the permit, or
(b) if the permit authorises the use of some but not all of the motor vehicles to be used at any one time, another specified motor vehicle or vehicles in addition to the motor vehicles specified in the permit but without increasing the number of motor vehicles authorised to be used at any one time.
Every variation of a permit made by the Executive upon any such application shall be in the form set out in the Second Schedule to these Regulations and shall be issued to the holder of the permit together with a supplementary vehicle pass or passes.
(2) If at any time whilst a permit is in force, in which the motor vehicles authorised to be used thereunder are not specified, the holder of the permit desires to use a motor vehicle or vehicles whether in addition to or in substitution for any of the motor vehicles specified in his application for the permit (as modified by any particulars furnished to the Executive under this paragraph) but without increasing the number of motor vehicles authorised to be used at any one time, he shall forthwith furnish the Executive in writing with full particulars of the change. Where the permit is an original or substituted permit which imposes no limit...
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