Section 23 Appeals to courts of summary jurisdiction in connection with driver’s licences.F1
England, Wales and Scotland
A person who, being the holder of or an applicant for a licence to drive a public service vehicle, feels aggrieved by the refusal or failure of F2a traffic commissioner . . . F3 to grant, or by the suspension or revocation of, such a licence, or by any limitation imposed thereon, may by notice in writing to the F4commissioner . . . , require him . . . to reconsider the matter and shall on the reconsideration be entitled to be heard either personally or by his representative.
A person who is so aggrieved or who is dissatisfied with the decision of the F5commissioner . . . F6 on the reconsideration of the matter may appeal—
if he resides in England or Wales, to a magistrates’ court acting for the petty sessions area in which he resides,
if he resides in Scotland, to the sheriff within whose jurisdiction he resides,
and on any such appeal the court or sheriff may make such order as it or he thinks fit and any order so made shall be binding on the commissioner . . . .
Where the applicant for a licence to drive a public service vehicle, who is at the date of his application the holder of a licence, appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall, notwithstanding anything in section 22(6) of this Act, continue in force until the appeal has been disposed of.
Annotations
Textual amendments
- F1
S. 23 repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:), s. 16, Sch. 6
- F2
Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(a)
- F3
Words repealed by S.I. 1984/31, art. 5(c)(i)
- F4
Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(a)
- F5
Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(b)
- F6
Words repealed by S.I. 1984/31, art. 5(c)(ii)
Notes on Part II
Modifications
- C1
Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)