{
  "url": "https://openlegislation.uk/goods-vehicles-licensing-of-operators-act-1995/schedule-3/paragraph-16",
  "json_url": "https://openlegislation.uk/goods-vehicles-licensing-of-operators-act-1995/schedule-3/paragraph-16.json",
  "legislation": "ukpga/1995/23",
  "legislation_title": "Goods Vehicles (Licensing of Operators) Act 1995",
  "legislation_url": "https://openlegislation.uk/goods-vehicles-licensing-of-operators-act-1995",
  "path": "schedule/3/paragraph/16",
  "kind": "paragraph",
  "number": "16",
  "heading": null,
  "text": "(1) In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must , in accordance with paragraph 5(2) (if applicable), consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.\n(2) If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.\n(3) While a disqualification under sub-paragraph (2) is in force—\n(a) the person may not act as transport manager in relation to any operator’s licence;\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order.\n(5) The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.\n(6) If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 para 16-17 and cross-headings inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(7) (with Sch. 3 Pt. 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 3 para. 16(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(9)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 3 para. 16(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(9)(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 3 para. 16(3)(b) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(9)(b)(ii)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ukpga/2003/44",
      "affecting_title": "Criminal Justice Act 2003"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/23/schedule/3/paragraph/16",
    "retrieved_at": "2026-10-29T09:33:04.608535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}