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SCHEDULES

SCHEDULE 3E+W+S Qualifications for standard licence

Modifications etc. (not altering text)

C1Sch. 3 modified by S.I. 1995/2869, reg. 29(12) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(e))

[F1Transport managers: cancellation or variation of disqualification orderE+W+S

Textual Amendments

F1Sch. 3 para 16-17 and cross-headings inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(7) (with Sch. 3 Pt. 2)

17.(1)[F2A traffic commissioner may, subject to [F3sub-paragraphs (1A) and] (2), at any time cancel a disqualification order made under paragraph 16(2)] or, with the consent of the disqualified person, vary the order.E+W+S

[F4(1A)If the disqualification order was made because a traffic commissioner determined that the disqualified person ceased to be of good repute, the order may be cancelled—

(a)not before the end of the period of one year beginning with the day on which the order was made, and

(b)only if the disqualified person has, after the order was made—

(i)passed the written examination referred to in paragraph 13(1)(a), or

(ii)for no less than three months undertaken training a traffic commissioner considers appropriate.]

(2)The traffic commissioner by whom a disqualification order is made under paragraph 16(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

(3)Measures specified under sub-paragraph (2) may be varied by the traffic commissioner [F5who made the order or another traffic commissioner] —

(a)on the application of the disqualified person, or

[F6(b)at the instigation of the traffic commissioner.]

(4)Before [F7a variation is made under sub-paragraph (3)(b), a notice must be served] on the disqualified person—

(a)stating [F8an intention] to vary the measures specified under sub-paragraph (2);

(b)stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and

(c)stating that the person is entitled to request an inquiry as provided in section 35.

(5)Where a person makes representations under this sub-paragraph, the traffic commissioner [F9dealing with the matter] must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2).

(6)The traffic commissioner must hold an inquiry as provided in section 35 if the disqualified person requests one under sub-paragraph (4)(c).

(7)A notice shall be deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.]

Textual Amendments