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What this means for your business

33 obligations

27 penalties

2 can imprison

2 guides

Enforced by: DVSA
Applies to: United Kingdom
On this page: 33 compliance obligations, 2 practical guides

Read full text on legislation.gov.uk

What you must do

33 compliance obligations under this legislation — 2 can result in imprisonment.

Management duties 5

If the Minister of Transport (or the relevant integrated transport authority) gives you a written direction under this part of the Transport Act, you must act on it. The duty applies whenever such a direction is issued and you must ensure you follow the instructions set out in writing.

Any Person s.23 DVSA When the Minister or a transport authority issues a written direction under …

If you are transferring all or part of a transport business under the Transport Act 1968, you and the buyer must put in writing exactly which assets, rights and liabilities each party will keep or give up. The agreements must also cover any lease splits, indemnities and registration duties, and should be signed and kept up‑to‑date before or soon after the transfer.

Any Person Schedule 4 DVSA When a transfer of property, rights or liabilities covered by Schedule 4 …

If you run a transport business, you must regularly download the required data from each vehicle’s tachograph. You have to do this by the end of the prescribed download period whenever you control or use the vehicle, and also immediately before you hand the vehicle to someone else, when you take the unit out of service, if the unit malfunctions, or if you foresee the data being lost.

Trader/Business s.97D DVSA When you control or use a vehicle that is subject to article …

If your business owns a bridge that carries a road over a railway or inland waterway listed in the Transport Act 1968, you must keep that bridge in a condition that does not endanger or restrict traffic on the railway or waterway. You must carry out any necessary repairs, allow the relevant railway or waterway authority to inspect the bridge, and pay for works if they tell you to do them.

Any Person s.118 DVSA You own a bridge that carries a highway over a railway or …

If you want a licence to operate road vehicles, you must prove you are a fit and proper person, have systems to keep vehicles safe and not overloaded, maintain them in good condition, have a suitable operating centre, and have enough money to fund these arrangements. The licensing authority will refuse the licence if any of these points are not satisfied.

Trader/Business s.64 DVSA When applying for an operator’s licence

Payments and fees 1

If your business needs a transport operator’s licence (or wants to change an existing one), you must pay the fee set by the licensing authority. The amount and payment schedule are prescribed by regulations, and the money must be paid into the Consolidated Fund as directed.

Trader/Business s.89 DVSA When applying for, renewing or varying an operator’s licence under the Transport …

Offences and prohibitions 26

If you have been disqualified from holding or getting a goods‑vehicle operator’s licence and you still apply for one or obtain one, you commit a criminal offence. On conviction in the Magistrates’ Court you face a fine of up to £2,500. No prison term is prescribed for this breach.

Any Person s.69 DVSA

If you break a regulation made under this section of the Transport Act that the regulation itself states is an offence, you can be prosecuted. The offence is tried in the magistrates’ court and carries a maximum fine of £200. There is no prison term.

Any Person s.91 DVSA

If your business holds an operator’s licence and you fail to follow any condition that the licensing authority has attached to that licence (for example, rules about vehicle movements at operating centres), you commit an offence. On conviction in the magistrates’ court you could be fined up to £2,500. No imprisonment is provided for this breach.

Any Person s.64B DVSA

If you hold a transport operator’s licence and fail to follow any condition the licensing authority has attached to it – for example limits on the number, type or size of vehicles, parking arrangements or operating hours at your operating centre – you commit an offence. A conviction in the Magistrates’ Court can result in a fine of up to £2,500. No prison term is provided for this breach.

Any Person s.69C DVSA

If your company, partnership or unincorporated association commits an offence under the Transport Act and a director, manager, secretary, partner or governing member either approved it or failed to prevent it, both the organisation and that individual can be prosecuted. The offence carries the same penalties as the underlying transport offence, which can include unlimited fines and imprisonment.

Director/Officer s.102C DVSA

If you reveal details about a trade or business that were given at a Transport Act inquiry where the hearing was closed, without the business’s consent or a lawful reason, you commit an offence. On conviction in the Magistrates' Court you face a fine of up to £2,500. The offence applies to anyone who discloses such information.

Any Person s.87 DVSA

If you run more motor vehicles or trailers than your operator’s licence allows, you are breaking the law. Breaching the limits set out in the licence can lead to a summary conviction and a fine of up to £2,500. No prison sentence is provided for this offence.

Any Person s.61A DVSA

If you drive a vehicle on a road when a legal prohibition has been placed (for example a ban on certain vehicles, routes or times) or allow someone else to do so, you commit an offence. Ignoring a direction to stop driving under the same prohibition also triggers the offence. On conviction in the Magistrates' Court you face an unlimited fine (level 5 on the standard scale).

Any Person s.99C DVSA

If a driver exceeds the permitted driving and duty times set out in the Transport Act 1968 (or the equivalent EU/Community rules), both the driver and their employer (or any person who gave the orders) can be prosecuted. On summary conviction they face a fine of up to level 4 on the standard scale (maximum £2,500). No prison sentence is provided for this offence.

Employer s.96 DVSA

If a DVSA officer asks you to produce required documents, lets them inspect a large goods vehicle, or enter premises for an inspection and you refuse or impede them, you commit an offence. Conviction is dealt with in the magistrates' court and can result in a fine of up to £1,000. No prison term is attached to this offence.

Any Person s.82 DVSA

If you refuse to produce the books, registers or other documents that a DVSA officer demands, or you block the officer from inspecting a vehicle or premises, you commit an offence. On summary conviction you can be fined up to £1,000. No prison term is attached to this offence.

Any Person s.99 DVSA

If you or your business break any byelaw that has been made for an inland waterway (for example, rules about navigation, speed, or waste disposal), you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to £200, and if you keep breaking the rule after being fined you face an additional daily fine of £5 for each day the breach continues.

Any Person s.113 DVSA

If a driver does not hand over his tachograph record sheets or print‑outs to the transport company he was working for within 42 days of the last day covered by the document, both the driver and the company can be prosecuted. The offence carries a maximum fine of £2,500, and it is dealt with in the magistrates’ court.

Any Person s.97C DVSA

If your transport business does not download or keep the driver‑hours data that the law requires – for example under sections 97D‑97F or the European drivers’ hours rules – and you have no reasonable excuse, you commit a criminal offence. On conviction in the magistrates' court you face an unlimited fine. There is no prison term attached to this offence.

Any Person s.97G DVSA

If you operate a large goods vehicle and you do not have a correctly completed consignment note with the driver, or you do not keep that note for the period set by regulations after the journey, you are committing an offence. On summary conviction you can be fined up to £2,500. No prison term is provided for this breach.

Any Person s.81 DVSA

If you do not keep the driver‑log books or registers that regulations require, or you breach the record‑keeping rules set out in EU/European Community regulations, you commit an offence. The offence applies to any person – including employers of employee‑drivers – who fails to maintain the records. On conviction in the Magistrates' Court you face a fine of up to £2,500, unless you can prove you gave proper instructions and took reasonable steps to ensure they were followed.

Any Person s.98 DVSA

If you have applied for an operator’s licence and, before the authority decides your application, you receive a conviction that would have needed to be disclosed (i.e. a conviction within the previous five years), you must tell the licensing authority immediately. Knowing you do not disclose this information is an offence. On conviction you face a fine of up to £2,500, dealt with in the magistrates’ court.

Any Person s.62 DVSA

If you hold a transport operator’s licence and you do not inform the licensing authority of any changes to the organisation, management, ownership, shareholdings or other events that the licence conditions require you to report, you breach the licence. A conviction in the magistrates’ court can bring a fine of up to £2,500.

Any Person s.66 DVSA

If a DVSA officer asks you to make your retained driver‑hours data readily accessible and you do not do so without a reasonable excuse, you commit an offence. The offence is tried in the Magistrates’ Court and can result in an unlimited fine. No prison term is provided for this breach.

Any Person s.97H DVSA

If you manufacture a vehicle unit, motion sensor or tachograph card that has type‑approval and you become aware of security flaws in those products already on the market, you must inform the Secretary of State. Not doing so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500.

Manufacturer/Importer s.97ZC DVSA

If you intentionally create a false seal, change an existing seal, or use a seal on a vehicle's recording equipment (such as tachographs) with the aim of deceiving, you commit a criminal offence. The offence applies to any vehicle that must have recording equipment under sections 97 or 97ZA of the Transport Act. Conviction can lead to up to two years in prison or, on a summary conviction, an unlimited fine.

Any Person s.97AA DVSA

If you supply tachograph or AETR recording equipment that does not have a valid type‑approval certificate, you commit an offence. Defences are available only if the equipment was for export, you reasonably believed it would not be fitted to a UK road vehicle until approved, or it would be fitted only to vehicles not required to have such equipment. On conviction in the magistrates’ court you face a maximum fine of £2,500.

Any Person s.97ZB DVSA

If you or your company operate a goods vehicle on the road to carry goods for hire, reward or as part of your trade, you must have a valid operator’s licence. Using such a vehicle without the licence is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500.

Any Person s.60 DVSA

If your transport business holds an operator’s licence, you may only run vehicles from operating centres that are listed on that licence. Using any other site as an operating centre breaches the law. On conviction in the magistrates' court you face a fine of up to £2,500, but no prison term.

Any Person s.69A DVSA

If you use a vehicle that should have a tachograph but the equipment is not installed, not installed correctly, not repaired to the required standards, or does not have the correct type‑approval mark, you commit an offence. On conviction in the magistrates' court you face an unlimited fine (Level 5 on the standard scale). The offence also extends to employers if a driver breaches the same rule.

Any Person s.97 DVSA

If a road‑transport vehicle that must have a tachograph under the AETR is used without equipment that meets the installation, repair and operational standards, the driver (or any person responsible) commits an offence. The same liability also falls on the employer when the driver breaches the rule. Conviction results in an unlimited fine payable in the Magistrates' Court.

Employer s.97ZA DVSA

Record keeping 1

If you run a road transport business and are required to keep drivers’ hour records under EU/UK drivers’ hours rules, you must download all the data from each driver’s card. The download must be completed by the end of each 28‑day download period, and you must also download immediately when a driver leaves, the card is damaged, data is at risk of being lost, or you stop using the vehicle unit.

Employer s.97E DVSA When a driver works for your transport undertaking and the applicable drivers’ …

Penalty applies

s.102C Penalises: Corporate liability for offences committed with officer consent …

Practical guidance

Our guides explain how to comply with the requirements above.

Get an operator's licence for goods vehicles

How to apply for an O-licence to operate goods vehicles for business. Covers Standard and Restricted licences, financial standing, transport …

Tachographs and Drivers' Hours

Understand tachograph requirements and drivers' hours rules for goods vehicle operations.

Sections and provisions

223 classified provisions from this legislation.

20 Duties 27 Offences and penalties 46 Powers 26 Definitions 19 Exemptions

Duties 20

s.9A General functions of Authorities and Executives.
s.9B Consultation and publicity with respect to policies as to services.
s.20 Special duty of certain Executives with respect to railway passenger services. certain Executives with respect
s.23 Consents of, or directions by, Minister under Part II. person
s.41 Financial provisions as to Boards and new authorities. of the authorities
s.64 Decision on applications for operators’ licences. conviction required
s.69H Determinations as to environmental matters: supplementary provisions. determination with respect
s.69EA Periods of review for operating centres.
s.89 Fees.
s.97E Driver cards: downloading data The undertaking
s.97D Vehicle units: downloading data The undertaking
s.105 Maintenance of ... waterways. duty
s.107 Amendments as to general duties of Board.
s.117 Duty ... as respects bridges carrying highways. account
s.118 Duty of highway authorities, etc., as respects bridges over certain railways or inland waterways. person
s.135 Compensation for loss of employment etc. regulations
s.137 Machinery for negotiation and consultation with staff. authority
s.144 Transfer and disposal of historical records and relics. relevant authority for the …
s.162 Rating. deduction falls
Schedule 4 Supplementary Provisions as to certain Transfers of Property, Rights and Liabilities but

Offences and penalties 27

s.60 Users of certain goods vehicles to hold operators’ licences.
s.61A Maximum numbers of vehicles.
s.62 Applications for operators’ licences.
s.64B Conditions for securing road safety.
s.66 Conditions as to matters required to be notified to licensing authority.
s.69A Operating centres for authorised vehicles to be specified in operators’ licences.
s.69C Conditions as to the use of operating centres.
s.69 Revocation, suspension and curtailment of operators’ licences.
s.81 Consignment notes.
s.82 Powers of entry and inspection.
s.83 Falsification of consignment notes and records.
s.87 Inquiries.
s.91 Regulations and orders for purposes of Part V.
s.96 Permitted driving time and periods of duty.
s.97ZC Recording equipment system elements: security vulnerabilities
s.97AA Forgery, etc of seals on recording equipment
s.97C Delivery of record sheets and other documents
s.97H Access to downloaded data
s.97G Downloading and retaining data: offences
s.97ZA Installation and use of recording equipment: AETR requirements
... and 7 more offences and penalties

Powers 46

s.9 Passenger Transport Areas, Authorities and Executives. Areas, Authorities and Executives.
s.10A Further powers of Executives
s.10C Power to make provision supplemental to section 10A
s.11 Financial duty of Executive.
s.13A Guarantees by Authority.
s.16 Publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities.
s.25 General powers of Bus Company.
s.26 General powers of Scottish Group.
s.27 Financial provisions with respect to Bus Company and Scottish Group.
s.29 Transfer of certain property, rights and liabilities between Railways Board and Bus Company or Scottish Group.
s.34 Assistance for rural bus or ferry services.
s.37 Power for local authorities to acquire or dispose of public service vehicle undertakings.
s.42 Additional financial provisions as to Railways Board.
s.43 Additional financial provisions as to Waterways Board.
s.43A Grants to Canal & River Trust
s.47 Extension to new authorities of certain functions of Boards.
s.49 Powers with respect to land.
s.50 Miscellaneous provisions as to powers.
s.53 Provisions with respect to Holding Company.
s.57A Grants for research or development in connection with transport services by inland waterways in Scotland
... and 26 more powers

Definitions 26

s.23A Interpretation of certain provisions of this Part relating to railways. operator railway wholly-owned subsidiary
s.48 Manufacture, repair and supply. existing activity
s.56 Assistance by Minister or local authority towards capital expenditure on public transport facilities. national authority relevant local authority local authority
s.59 The licensing authority for Part V.
s.63 Objections to grant of operators’ licences. local authority planning authority statutory provision
s.69E Publication of notice of applications for licences and variations in localities affected.
s.69EC Powers to attach conditions etc. on review.
s.71 Control of the use of large goods vehicles. relevant plated weight small trailer hauling vehicle
s.92 Interpretation of Part V. articulated combination authorised vehicle carrier’s licence
s.95 Vehicles and drivers subject to control under Part VI.
s.97F Downloading data: requirement imposed by an officer the Traffic Acts
s.99ZC Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.99ZE Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.99ZA Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.99ZB Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.99ZD Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.99ZF Inspection of records and other documents and data relating to recording equipment digital recording equipment relevant provision relevant person
s.103 Interpretation, supplementary provisions, etc., for Part VI. the Community Drivers’ Hours Regulation contracting ... country the applicable Community rules
s.106 Enforcement of maintenance duty – the Waterways Board relevant order
s.106A Enforcement of maintenance duty – Canal & River Trust relevant order
... and 6 more definitions

Exemptions 19

s.10 General powers of Executive.
s.12 Borrowing powers of Executive.
s.13 Power to make grants.
s.14 Accounts of Executive.
s.15 Further functions of Authority.
s.15A Additional provisions as to control of Executive by Authority.
s.28 Transfer to Bus Company or Scottish Group of certain securities, rights and liabilities.
s.51 Subsidiaries and joint subsidiaries.
s.52 Supplementary and miscellaneous provisions.
s.68A Interim variations.
s.69J Review of decisions.
s.93 Carriers’ licences not to be required for small vehicles or for medium vehicles covered by operators’ licences.
s.94 Transitional provisions and amendments.
s.99A Power to prohibit driving of vehicle.
s.102A Exclusion of application to tramcars and trolley vehicles.
s.102 Application to the Crown and exemption for police and fire brigade.
s.108 Prevention of nuisance as respects certain waterways.
s.136 Pensions.
s.160 Stamp duty.

🧪 Business Context Testing

What this means for your business

What you must do

Management duties 5

Comply with written directions from the Minister or transport authority

Document and agree division of transferred property, rights and liabilities

Download tachograph data from vehicle units on time

Keep bridge safe for railway and waterway traffic

Show fitness, safety arrangements and finances for an operator’s licence

Payments and fees 1

Pay prescribed licence fees to the licensing authority

Offences and prohibitions 26

Apply for or obtain a licence while disqualified

Breach a transport regulation that is an offence

Breach conditions attached to a transport operator’s licence

Breach operating‑centre conditions on transport licence

Corporate liability for offences committed with officer consent or neglect

Disclose confidential information from a licensing inquiry

Exceed maximum number of vehicles or trailers on operator’s licence

Fail to comply with a transport prohibition

Fail to comply with drivers’ hours rules

Fail to comply with inspection request or obstruct officer

Fail to comply with record inspection request or obstruct officer

Fail to comply with waterway byelaws

Fail to deliver tachograph records to transport undertaking

Fail to download or retain transport data as required

Fail to have or retain required consignment note

Fail to keep required driver records

Fail to notify licence authority of a conviction

Fail to notify licence authority of required changes

Fail to provide retained data to an officer on request

Fail to report known tachograph security vulnerabilities

Forge, alter or misuse seals on vehicle recording equipment

Supply unapproved tachograph recording equipment

Use a goods vehicle for business without an operator’s licence

Use unauthorised operating centre

Use vehicle without compliant tachograph equipment

Use vehicle without compliant tachograph recording equipment