Regulation 16 Transport managers: cancellation or variation of disqualification order

(1)

Where a disqualification order is made under regulation 15(2) the Department may, subject to F1paragraphs (1A) and (2), at any time cancel the order or, with the consent of the disqualified person, vary the order.

F2(1A)

If the disqualification order was made because the Department determined that the disqualified person ceased to be of good repute, the order may be cancelled—

(a)

not before the end of the period of one year beginning with the day on which the order was made; and

(b)

only if the disqualified person has, after the order was made—

(i)

passed the written examination referred to in regulation 11(1)(a); or

(ii)

for no less than three months undertaken training the Department considers appropriate.

(2)

When a disqualification order is made under regulation 15(2) the Department may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

(3)

Measures specified under paragraph (2) may be varied—

(a)

on the application of the disqualified person; or

(b)

by the Department.

(4)

Before making a variation under paragraph (3)(b), the Department must serve a notice on the disqualified person—

(a)

stating the Department's intention to vary the measures specified under paragraph (2);

(b)

stating that the person is entitled to make representations under paragraph (5) within 28 days beginning with the date on which the notice is served on the person; and

(c)

stating that the person is entitled to request an inquiry as provided in section 32 of the 2010 Act.

(5)

Where a person makes representations under this regulation, the Department must consider the representations in deciding whether to vary the measures specified under paragraph (2).

(6)

The Department must hold an inquiry as provided in section 32 of the 2010 Act if the disqualified person requests one under paragraph (4)(c).

Annotations

Textual amendments

F1: Words in reg. 16(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 121(1)
F2: Reg. 16(1A) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 121(2)

Notes on Part 2

Textual amendments

F1: Pt. 2 and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 112