OpenLegislation

Section 11 Publication in locality affected of notice of application for heavy goods vehicle licence.F8C1

England, Wales and Scotland

(1)

Subject to subsection (3), F1a traffic commissioner who is dealing with an application for F2a heavy goods vehicle licence shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application.

(2)

This subsection has been complied with in respect of a locality affected by an application F3for a heavy goods vehicle licence if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(3)

F4A traffic commissioner is not required by this section to refuse an application F5for a heavy goods vehicle licence if—

(a)

he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and

(b)

he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(4)

For the purposes of this section a locality is affected by an application for F6a heavy goods vehicle licence if it contains any place F7in the traffic area concerned that will be an operating centre of the licence-holder if the application is granted.

Annotations

Textual amendments

F1

Words in s. 11(1) 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)

F2

Words in s. 11(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(2)

F3

Words in s. 11(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(3)

F4

Words in s. 11(3) 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 s. 11(3) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(4)

F6

Words in s. 11(4) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(5)

F7

Words in s. 11(4) 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)

F8

Words in s. 11 heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(1)

Modifications

C1

S. 11 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 7