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Variation of licencesE+W+S

18 Publication of notice of applications for variation [F1of heavy goods vehicle licences] in any locality affected.E+W+S

(1)Subject to subsection (4), [F2a traffic commissioner who is dealing with an application for [F3a heavy goods vehicle] licence shall refuse the application for any of the directions mentioned in subsection (2)] without considering the merits unless he is satisfied that subsection (3) has been complied with in respect of each locality affected by the application.

(2)The directions referred to in subsection (1) are—

(a)any direction under section 17(1)(a) that a maximum number [F4of heavy goods vehicles] specified in a licence under section 6 be increased;

(b)any direction under section 17(1)(c) or (e) [F5that has the effect of authorising the use of a heavy goods vehicle under a licence];

(c)any direction under section 17(1)(g) that a new place be specified in a licence as an operating centre of the licence-holder; and

(d)any direction under section 17(1)(h) or (i) which might result in a material change in the use of any operating centre of the licence-holder [F6in the traffic area concerned] .

(3)This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(4)[F7A traffic commissioner] is not required by this section to refuse an application if—

(a)he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and

(b)he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

(5)For the purposes of this section a locality is affected by an application for the variation of [F8a heavy goods vehicle] licence if—

(a)it contains any place [F9in the traffic area concerned] that will be an operating centre of the licence-holder if the application is granted; or

(b)it contains an existing operating centre of the licence-holder [F10in the traffic area concerned] and—

(i)the granting of the application would or could result in an increase in the number of [F11heavy goods] vehicles, or the number of [F11heavy goods] vehicles above a certain weight, that have that centre as their operating centre; or

(ii)any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

Textual Amendments

Modifications etc. (not altering text)

C1S. 18 modified (1.1.1996) S.I. 1995/2181, art. 3, Sch. paras. 8, 9

C2S. 18 excluded by 2006 c. 12, s. 16E(3) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))