Paragraph 15

England, Wales and Scotland

(1)

A traffic commissioner shall not in any proceedings under this Act F1or under the 2009 Regulation make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice—

(a)

stating that the question whether he is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

(b)

setting out the nature of the allegations against him; F2...

(c)

stating that he is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on him F3and

(d)

stating that he is entitled to request an inquiry as provided in section 35

(2)

Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations—

(a)

in considering F4whether or not an inquiry should be held as provided in section 35; and

(b)

in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

F5(2A)

F6A traffic commissioner must hold an inquiry as provided in section 35 if the transport manager requests one under sub-paragraph (1)(d)

(3)

A notice shall be deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 15(1) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(i) (with Sch. 3 Pt. 2)
F2: Word in Sch. 3 para. 15(1)(b) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(ii) (with Sch. 3 Pt. 2)
F3: Sch. 3 para. 15(1)(d) and word inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(iii) (with Sch. 3 Pt. 2)
F4: Words in Sch. 3 para. 15(2)(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)
F5: Sch. 3 para. 15(2A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(b) (with Sch. 3 Pt. 2)
F6: Words in Sch. 3 para. 15(2A) 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 Schedule 3

Textual amendments

F1: Words in Sch. 3 inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(1)
F2: Words in Sch. 3 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(8) (with Sch. 3 Pt. 2)

Modifications

C1: Sch. 3 modified by S.I. 1995/2869, reg. 29(12) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(e))