The Public Service Vehicles (Operators' Licences) Regulations 1995

Requirements of notice and consideration of representations

9.—(1) Before—

(a) exercising any of his powers under section 17(1) or (2), or

(b) attaching to a licence, except on granting the licence and except if section 27(2) of the 1985 Act applies, any condition under section 26 of the 1985 Act or varying any such condition, or

(c) making an order under section 28(1) of the 1985 Act,

the traffic commissioner who granted the licence shall give notice to the holder or former holder.

(2) The notice shall state—

(a) that he is considering one or more of such actions;

(b) the grounds on which that consideration is based;

(c) that within 14 days of such notice the holder or former holder may make representations to him with respect to the action or actions being considered;

(d) that those representations shall be written; and

(e) either—

(i) that he proposes to hold an inquiry in relation to the action or actions being considered and the date (being a date not less than 14 days from the notice) on which that inquiry will be held, or

(ii) that he does not propose to hold an inquiry in relation to that action or those actions unless the holder or former holder, within 14 days of the notice, in writing requests him to do so.

(3) The traffic commissioner shall take into account any representations which he receives by virtue of and in accordance with any notice which he gives under paragraph (1) before he decides whether or not to take any action which the notice stated he was considering.

(4) The provisions of paragraph (3) shall not prevent the traffic commissioner at his discretion from hearing and considering any representations other than those made in accordance with paragraph (1) including any which are advanced (whether orally or in writing) at the inquiry, if any, which he holds.

(5) The prescribed period for the purpose of section 27(3) of the 1985 Act shall be 14 days beginning with the date that a notice is given to the holder that the condition has been attached to the licence.