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(1)A large goods vehicle or passenger-carrying vehicle driver’s licence—
(a)must be revoked if there come into existence, in relation to its holder, such circumstances relating to his conduct as may be prescribed;
(b)must be revoked or suspended if his conduct is such as to make him unfit to hold such a licence;
and where the licence is suspended under paragraph (b) above it shall during the time of suspension be of no effect.
(2)Where it appears that the conduct of the holder of a licence falls within both paragraph (a) and paragraph (b) of subsection (1) above, proceedings shall be taken or continued under paragraph (a) and not under paragraph (b) and accordingly the power to suspend the licence, rather than revoke it, shall not be available.
(3)Regulations made for the purposes of [F2this section [F3or any of sections 115A, 117 or 117A] of this Act]—
(a)may make different provision for large goods vehicles and for passenger-carrying vehicles and for different descriptions of persons; and
(b)shall provide for the determination of the cases in which,
[F4(i)under section 117 of this Act, a person whose licence has been revoked, or
F4(ii)under section 117A of this Act, a person on whom a notice is served in pursuance of section 115A(1)(a) of this Act,]
is to be disqualified indefinitely or for a period and, if for a period, for the determination of the period.]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act
F2Words in s. 115(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 64; S.I. 1992/1286, art. 2, Sch.
F3Words in s. 115(3) substituted (23.7.1996 for specified purposes and otherwise 1.1.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(a)
F4S. 115(3)(b)(i)(ii) substituted for words in s. 115(3)(b) (23.7.1996 for specified purposes and otherwise (1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(b)
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