
1 

(1) This Order may be cited as the 
Transport Act 1985 (Commencement No. 6) Order 1986.

(2) In this Order—
 “the 1847 Act”
means the provisions of the 
Town Police Clauses Act 1847 with respect to
hackney carriages;
 “the 1889 Act”
means the 
Town Police Clauses Act 1889;
 “the 1981 Act”
means the 
Public Passenger Vehicles Act 1981;and

 “the 1985 Act”
means the Transport Act
1985.
2 
The provisions of the 1985 Act specified
in the first column of each of the Schedules to this Order (which relate to
the matters specified in the second column) shall come into operation on the
date specified at the head of the relevant Schedule subject to the limitations
(if any) specified in the third column of that Schedule.
3 
Until 1st January 1989, the repeal
of section 3(4)
of the Road Traffic Regulation Act 1984
shall not affect the operation, in relation to a public service vehicle being
used in the provision of a local service, of any order made under 
section 1 of that Act before 26th October 1986.

4 
Section
14A of the 1981 Act shall not apply in relation
to any application for the grant of a PSV operator's licence received by a
traffic commissioner before 26th October 1986.
5 

(1) Where the prescribed particulars of a
local service approved by a traffic commissioner under 
paragraph 11 of Schedule 6 to the 1985 Act
are not registered with that commissioner under 
section 6 of that Act, then those particulars
shall be deemed to have been registered with him under that section and the
period of notice (mentioned in that section) in relation to that registration
shall be deemed to have expired.
(2) In this article, 
“prescribed particulars” 
has the meaning given by 
regulation 4 of the Public Passenger
Vehicles (Registration of Local Services: Transitional Provisions) Regulations
1985.
6 
In 
regulation 5(3)(a) of the Motor Vehicles
(Tests) Regulations 1981 (which relates to
the classification of vehicles), for the words “
section 45 of the 1981 Act” there
shall be substituted the words “
section 23(7) of the Transport Act
1985”
7 
Where the 1847 Act and the 1889 Act
(as incorporated in each case in the 
Public Health Act 1875), are not in force in
any part of the area of a district council in England and Wales and that part
is outside the area to which the 
Metropolitan Public Carriage Act 1869 applies,
that council may before 1st January 1987 by resolution under 
section 45 of the Local Government
(Miscellaneous Provisions) Act 1976 bring into
force in that part of its area Part II
of the Act of 1976 from a date on or after 1st January 1987.
8 

(1) In any proceedings for an offence committed
before 1st April 1987 under or by virtue of the 1847 Act or of the 1889 Act
as applied in either case in an area by section
15 of the 1985 Act, it shall be a defence for
the person charged to prove that he was an operator of a hackney carriage
before 1st January 1987 in that area.
(2) For the purposes of this article, a person
is an operator of a hackney carriage in an area if he is a person to whom 
section 45 of the 1847 Act would apply if that
section applied in that area at that time.
John Moore
Secretary of State for Transport
20th October 1986
SCHEDULE 1

Provisions of the Act Subject matter of provisions Limitations on Commencement

Section 1. 
Abolition of road service licensing. 
To the extent that it is not already in force.
Section 4.
 Inquiries held by traffic commissioner.
 To the extent that it is not already
in force.

Section 6. 
Registration of local services.
Sections 24–28. Amendments with respect to PSV operators' licences.


Section 32. 
Repeal of sections 47 and 
48 of the 1981 Act. To the extent that it is not already in force.
Sections
35–46. 
Regulation of road passenger transport in London.
Section 111.
 Unregistered and unreliable local services:
reduction of fuel duty grant.

Section 126. 
Application of sections 52
and 56 of the 1981 Act.
 Except in so far as 
subsection (1) relates to applications for
and the grant of permits under section 19,
to the extent that section 126
is not already in force.

Section 127(4). Defences. To the extent that
it is not already in force.
Section 139(1)–(3). Transitional provisions, minor and consequential
amendments and repeals. In relation to 
subsection (1), to the extent that it is not
already in force; and in relation to subsections
(2) and (3),
to the extent that they relate to the provisions of 
Schedules 7 and 8
brought into force by this Order.

Schedule 1. 
Amendments consequential on the abolition of road service licensing. To the extent that it is not already in force.
Schedule
6. Transitional
provisions and savings. To the extent
that it is not already in force.

Schedule 7. 
Minor and consequential amendments. 
To the extent that it is not already in force.
Schedule 8,
except for the provisions set out in the Appendix to this Schedule. Repeals. To
the extent that it is not already in force.
APPENDIX TO SCHEDULE 1

Chapter Short Title 
Extent of prospective repeal
1847 c. 89 The Town Police Clauses
Act 1847 
In section 37,
the words “such number of” and “as they think fit”.


1981 c. 14. 
The Public Passenger Vehicles Act 1981.
 
Sections 42 to 44.In 
section 52(3), the words “or by virtue
of regulations made under section 44
of this Act”.In 
section 67, the words “other than regulations
made under section 44
thereof”.In section
76, the words “except sections 42 to 44” and the
word “thereof”.
SCHEDULE 2


Provisions of the Act Subject matter of provisions Limitations on Commencement

Section 14. 
Operation of taxis and private hire cars in Scotland for the carriage of passengers
at separate fares.

Section 15. 
Extension of taxi licensing in England and Wales.