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Road Traffic Act 1988

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This is the original version (as it was originally enacted).

116Appeals relating to HGV drivers' licences

(1)A person who, being the holder of, or an applicant for, a heavy goods vehicle driver’s licence feels aggrieved by the licensing authority's—

(a)refusal or failure to grant such a licence, or

(b)imposition of any limitation on such a licence, or

(c)suspension or revocation of such a licence, or

(d)ordering of disqualification under section 114 (1) of this Act,

may by notice in writing to the licensing authority require him to reconsider the matter, and shall on a reconsideration be entitled to be heard either personally or by his representative.

(2)Subject to subsection (4) below, a person who feels aggrieved as mentioned in subsection (1) above or who is dissatisfied with the decision of the licensing authority on reconsideration of the matter, may appeal to a magistrates' court acting for the petty sessions area in which he resides or, if he resides in Scotland, to the sheriff within whose jurisdiction he resides.

(3)On any such appeal the court or sheriff may make such order as it or he thinks fit and an order so made is binding on the licensing authority.

(4)No appeal lies under this section in respect of any matter in respect of which an application may be made to a magistrates' court or a sheriff under section 115 of this Act.

(5)Where an applicant for a heavy goods vehicle driver’s licence who is at the date of his application the holder of such a licence (other than one issued as a provisional licence) appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall not expire before the appeal is disposed of.

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