SCHEDULE 2 - Savings and transitional provisions

Section 4

1.    Interpretation

(1) In this Schedule, unless the contrary intention appears –

changeover period means the period that commences on the commencement day and ends on the day immediately before the day on which section 5 commences;

commencement day means the day proclaimed under section 2 of the new Act;

former Act means the Traffic Act 1925 as in force immediately before the commencement day;

licensed means licensed under the former Act;

new Act means the Passenger Transport Act 1997 ;

public vehicle licence means a public vehicle licence, including a temporary public vehicle licence, issued under Part III of the former Act;

Tribunal means the Public Vehicles Licensing Appeal Tribunal constituted under section 30A of the former Act.

(2) Any expression that is defined in the new Act and used in this Schedule has, unless the contrary intention appears in this Schedule, the same meaning in this Schedule as in the new Act.

2.    Termination of public vehicle licensing system

On the commencement day, all public vehicle licences are cancelled.

3.    Omnibuses, coaches and buses

On the commencement day –

(a) a small passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle and also as a standard hire car unless the Registrar determines on reasonable grounds that the vehicle is not let for hire with a driver for reward and, in that case, the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered; and

(b) a large passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle; and

(c) a large passenger vehicle that was not licensed as a public vehicle is taken to be exempt from the requirement to be registered as a public passenger vehicle.

4.    Hire cars

On the commencement day –

(a) a small passenger vehicle that was licensed as a hire car is, if the licence was endorsed for use as a prestige hire car, taken to be a luxury vehicle and registered as a public passenger vehicle and as a luxury hire car; and

(b) a small passenger vehicle that was licensed as a hire car is, if the licence was not endorsed for use as a prestige hire car, taken to be registered as a public passenger vehicle and as a standard hire car unless the Registrar determines on reasonable grounds that the vehicle is not let for hire with a driver for reward and, in that case, the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered.

5.    Taxi

A vehicle that was a taxi immediately before the commencement day is, on that day, taken to be registered as a public passenger vehicle and also –

(a) if the Commission determines that the vehicle is a luxury vehicle, as a luxury hire car; or

(b) as a standard hire car in any other case.

6.    Hire and drive vehicles

On the commencement day, a motor vehicle in respect of which a licence under section 14A of the former Act was held immediately before that day is, if the vehicle is designed and constructed primarily for the carriage of passengers, taken to be registered as a hire and drive vehicle.

7.    Regular passenger transport services

On the commencement day, a regular passenger transport service that was being provided with the approval of the Commission before that day by licensed omnibuses or coaches, including school coaches, is taken to be an authorised regular passenger transport service.

8.    Termination of Tribunal

On the expiration of the changeover period, the Tribunal ceases to exist and all subsisting appointments under section 30A(2) of the former Act are terminated.

9.    Tribunal to wind up proceedings

(1) If, before the commencement day, notice of an appeal had been lodged with the Tribunal under the former Act but by that day the hearing of the appeal had not commenced or had commenced and not been concluded, no further proceedings are to be had in respect of the appeal.

(2) The Tribunal may, with or without hearing any person, make such orders relating to the termination of the proceedings as it thinks just and reasonable in the circumstances.

(3) The matters in respect of which the Tribunal may make orders under subclause (2) include, but are not limited to, the following:

(a) the costs of the appeal;

(b) the disposal of the deposit in the appeal;

(c) the expenses of any witnesses;

(d) the custody of any documents.

(4) For the purposes of making an order under subclause (2) the Tribunal may have regard to such matters as it thinks fit.

(5) The Tribunal must give notice of an order under subclause (2) to each person who is affected by that order.

(6) In the event that the Tribunal does not for any reason make an order as to costs under subclause (2) , each party is responsible for and must pay their own costs in the appeal.

(7) In the event that the Tribunal does not for any reason make an order as to the disposal of the deposit under subclause (2) , the deposit is –

(a) forfeited to the Crown if the hearing of the appeal had commenced by the commencement day; or

(b) to be refunded to the appellant if the hearing of the appeal had not commenced by that day.

(8) If the deposit is forfeited it is to be paid into the Consolidated Fund.