OpenLegislation

Regulation 6 Appeals

Original text. Later amendments are not shown.

(1)

An appeal under section 9 shall—

(a)

state the reference number given by the traffic commissioner to the relevant traffic regulation conditions, or, in the case of an appeal against a refusal of a traffic commissioner to determine traffic regulation conditions, the reference number given by him to the request; and

(b)

state the grounds on which it is made.

(2)

Such an appeal shall be made so as to be received by the Secretary of State before the expiry of 28 days commencing with the day immediately following the date on which either—

(a)

notice of the refusal by a traffic commissioner to comply with a request to determine, vary or revoke any traffic regulation conditions is sent to the person making the request; or

(b)

notice of the determination, variation or revocation of any such conditions is published in Notices and Proceedings.

(3)

At the same time as he makes such an appeal, the appellant shall send a copy of that appeal to—

(a)

the traffic commissioner against whose decision the appeal is made;

(b)

if the traffic commissioner held an inquiry in connection with that decision, any person who attended the inquiry and made representations at it to the traffic commissioner; and

(c)

any traffic authority (other than the appellant) likely to be affected by the traffic regulation conditions.

(4)

Where a traffic commissioner, in reliance on section 7(10), has determined any traffic regulation conditions without first holding an inquiry, then the Secretary of State shall not determine an appeal until either—

(a)

an inquiry has been held; or

(b)

the period prescribed for the purposes of section 7(11) by regulation 5 of these Regulations has expired without any request for an inquiry being made.

(5)

On the determination of an appeal, the Secretary of State shall give notice of his decision, and the reasons for it, to the appellant.