Paragraph 2

England, Wales and Scotland

(1)

The provisions of this paragraph have effect in relation to any application for F1a heavy goods vehicle licence in respect of which a direction has been given under paragraph 1.

(2)

The notice published under section 10(1) shall state that the direction has been given.

(3)

The following provisions of this Act shall not apply—

section 11;
section 12(1)(b) and (4);
F2section 13C(5) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;
section 14; and
section 15(3)(f).

(4)

Notwithstanding anything in F3section 13(6) the traffic commissioner may refuse the application if—

(a)

any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to his knowledge or not; or

(b)

any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.

(5)

If the application is granted, the traffic commissioner—

(a)

shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b)

shall not attach any other conditions to the licence under section 21 or 23.

(6)

If the application is granted, the traffic commissioner shall record in the licence—

(a)

any undertakings given or procured to be given under paragraph 1(5); and

(b)

any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the traffic commissioner considers to be material to his decision to give the direction (and that would not otherwise be required by section 15(4) to be recorded in the licence).

Annotations

Textual amendments

F1: Words in Sch. 4 para. 2(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 55(2)
F2: Words in Sch. 4 para. 2(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 21(a) (with Sch. 3 Pt. 2)
F3: Words in Sch. 4 para. 2(4) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 21(b) (with Sch. 3 Pt. 2)

Notes on Schedule 4

Modifications

C1: Sch. 4 excluded by 2006 c. 12, s. 16E(4) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))