The Transport Tribunal Rules 2000

PART II Applications for a stay

Application of Part II

4.—(1) Rules 5 to 10 apply to an application to the Tribunal for a stay under section 50(8) of the 1981 Act(1) or section 29(3) of the 1995 Act.

(2) Except for rules 29 and 35, Rules 20 to 38 apply to applications to the Tribunal under this Part of these Rules.

(3) In this Part of these Rules, a stay means a direction under section 50(6) of the 1981 Act or section 29(2) of the 1995 Act.

Method of appyling

5.—(1) An application to which this Part applies shall be made by serving a notice in writing on the Tribunal.

(2) At the same time as he serves notice on the Tribunal, the applicant shall serve a copy of the notice on the traffic commissioner.

Contents of notice

6.  The applicant’s notice shall be signed and dated by or on behalf of the applicant and shall state:

(a) the name and the address for the service of the applicant;

(b) the name and address of the traffic commissioner;

(c) details of the decision refusing or withdrawing a stay in respect of which the application is made; and

(d) the grounds for the application.

Action on receipt of application

7.  The secretary shall acknowledge receipt of any notice served under rule 5(1).

Traffic commissioner’s statement of reasons

8.—(1) Within 7 days of receipt of the applicant’s notice, the traffic commissioner shall send to the Tribunal a written statement of his reasons for refusing or withdrawing a stay.

(2) At the same time as he sends the statement of reasons to the Tribunal, the traffic commissioner shall send a copy of it to the applicant, unless he has previously done so.

Appearance before the Tribunal

9.  The Tribunal may, if it thinks fit, give the applicant an opportunity of being heard.

Decision of the Tribunal

10.—(1) The Tribunal shall give its decision within 14 days of receipt of the application.

(2) The decision shall be given in writing signed and dated by the judicial member and shall contain a summary of its reasons.

(3) A copy of the decision shall be sent to the applicant and the traffic commissioner.

(1)

a new section 50 of the Public Passenger Vehicles Act 1981 (c.14) was substituted by section 31 of the Transport Act 1985 (c.67).