Road Traffic Act · 2026 Revised Edition · Part · Public Service Vehicles and Franchises
69. Variation of franchise on application
Official textFrom Attorney General's Chambers, unchanged
On the application of the holder of a franchise, the Licensing
franchise
“franchise” includes — (a) the grant either of an exclusive right to maintain a public service of road transport within a regulated area or part thereof, or the right to operate, within a regulated area or part thereof, a public service of road transport by a vehicle or vehicles for which a public service vehicle licence is required which is not available to all persons holding licences of the same class: Provided that a right granted is deemed to be a franchise for the purpose of this part of this definition notwithstanding that it does not exclude the Government or persons to whom an exemption has been granted and notwithstanding that it may cease to be exclusive by virtue of the exercise by the Licensing Authority of the powers conferred by this Act or by any franchise issued hereunder; and (b) whether or not paragraph (a) applies, the grant of the right under section 64 to operate within a regulated area or part thereof a stage carriage of any class or description of public service vehicle to which section 64 from time to time applies;
Authority may at any time during the currency of the franchise vary the franchise by directing that additional vehicles shall be specified therein, or that vehicles specified therein shall be removed therefrom, or that the
Road Traffic 68
road
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
maximum or minimum number of motor vehicles to which the franchise relates shall be increased or reduced.
The foregoing provisions of this Part as to applications for franchise, as to the grant or refusal thereof, and as to the attaching of terms and conditions thereto, apply in relation to the variation of any such franchise:
Provided that the Licensing Authority shall be bound to grant an application for a variation consisting only of the removal of a specified vehicle from the franchise, but nothing contained in this proviso is deemed in any way to relieve the holder of any franchise from any condition of the franchise as to the minimum number of vehicles by which the service shall be operated.
Licensing Authority
“Licensing Authority” means the Motor Transport Licensing Authority established under section 49;
Where it comes to the knowledge of the Licensing Authority that a vehicle specified in a franchise has ceased to be used under the franchise for any reason other than a fluctuation in business, or is specified in another franchise, the Licensing Authority may vary the franchise by directing that the vehicle shall be removed from the franchise.
vehicle
“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
Terms defined in s 2
franchise
Defined · s 2“franchise” includes — (a) the grant either of an exclusive right to maintain a public service of road transport within a regulated area or part thereof, or the right to operate, within a regulated area or part thereof, a public service of road transport by a vehicle or vehicles for which a public service vehicle licence is required which is not available to all persons holding licences of the same class: Provided that a right granted is deemed to be a franchise for the purpose of this part of this definition notwithstanding that it does not exclude the Government or persons to whom an exemption has been granted and notwithstanding that it may cease to be exclusive by virtue of the exercise by the Licensing Authority of the powers conferred by this Act or by any franchise issued hereunder; and (b) whether or not paragraph (a) applies, the grant of the right under section 64 to operate within a regulated area or part thereof a stage carriage of any class or description of public service vehicle to which section 64 from time to time applies;
Licensing Authority
Defined · s 2“Licensing Authority” means the Motor Transport Licensing Authority established under section 49;
road
Defined · s 2“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
traffic
Defined · s 2“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;
vehicle
Defined · s 2“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
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