Regulation 8 Review and appeal of decision – driver attestationF1

(1)

A person who—

(a)

applies for a driver attestation; and

(b)

wishes to dispute a reasoned decision of the Department to refuse to issue the person with a driver attestation,

may apply to the Department for a review of that reasoned decision.

(2)

A person who—

(a)

is the holder of a driver attestation; and

(b)

wishes to dispute a reasoned decision of the Department to withdraw it or any certified true copies of it,

may apply to the Department for a review of that reasoned decision.

(3)

An application under paragraph (1) or (2) must be made within a period of 28 days, beginning with the day on which the aggrieved person (“the applicant”) was informed of the decision of the Department to refuse to issue that person with a driver attestation or to withdraw it or any certified true copies of it.

(4)

The Department must—

(a)

consider any written representations made and any evidence provided by the applicant; and

(b)

within the period of 56 days beginning with the day on which the application was made, provide the applicant with a review decision (setting out the Department’s reasons for so doing) confirming, reversing or varying the reasoned decision.

(5)

A person who is aggrieved by a review decision under paragraph (4) may appeal to a court of summary jurisdiction against that decision.

Annotations

Textual amendments

F1: Regs. 7 8 substituted (28.10.2013) by The Goods Vehicles (Community Licence) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/224), regs. 1(1), 2(2)