Road Traffic Act 1988

[F1 119 Appeals to magistrates’ court or sheriff E+W+S

(1) A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence [F2 or the holder of a LGV Community licence or a PCV Community licence], is aggrieved by the Secretary of State’s—

(a) refusal or failure to grant such a licence in pursuance of section 112 or 113(4) of this Act,

(b) suspension or revocation of such a licence in pursuance of section 115 or 116(4) of this Act, or

(c) ordering of disqualification under section 117(2) [F3 or 117A(2)] of this Act,

[F4 or by a notice served on him in pursuance of section 115A(1) or 116(4) of this Act] may, after giving to the Secretary of State [F5 and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter] notice of his intention to do so, appeal to a magistrates’ court F6 . . . or, in Scotland, to the sheriff within whose jurisdiction [F7 the holder of or applicant for the licence] resides.

(2) On any appeal under [F8 subsection (1) above (except under paragraph (c) of that subsection)] the Secretary of State and, if the matter was referred to a traffic commissioner, [F9 the commissioner dealing with the matter shall] be respondent.

(3) On any appeal under subsection (1) above the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.]

Textual Amendments

F1 Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (entitled "Licensing of drivers of heavy goods vehicles") shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (entitled "Licensing of drivers of large goods vehicles and passenger-carrying vehicles") of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which: (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 (c. 14) to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F2 Words in s. 119(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(a)

F3 Words in s. 119(1)(c) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(b)

F4 Words in s. 119(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(c)

F5 Words in s. 119(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F6 Words in s. 119(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 308(a), Sch. 10; S.I. 2005/910, art. 3

F7 Words in s. 119(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 308(b); S.I. 2005/910, art. 3

F8 Words in s. 119(2) substituted (23.7.1996 for specified purposes amnd otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(3)

F9 Words in s. 119(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)