Paragraph 10 F1F2
England, Wales and Scotland
Regulations shall make provision—
enabling F3a traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,
requiring F4a traffic commissioner to hold a hearing if requested by a person who claims to be the owner,
as to the time within which the hearing must be held, and
subject to such provision as may be made by the regulations, for the hearing to be held in public.
Regulations shall also provide that, if no hearing is held, F5the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received .
Regulations shall provide that—
if F6a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;
if a traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.
Annotations
Textual amendments
- F1
Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2
- F2
Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I
- F3
Words in Sch. 1A para. 10(1)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
- F4
Words in Sch. 1A para. 10(1)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
- F5
Words in Sch. 1A para. 10(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
- F6
Words in Sch. 1A para. 10(3)(a)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Notes on Return or disposal of vehicle
Textual amendments
- F1
Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I