C1F8Part IV Licensing of drivers of large goods vehicles and passenger-carrying vehicles.

Annotations:
Amendments (Textual)
F8

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 IV (entitled "Licensing of drivers of heavy goods vehicles") shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (entitled "Licensing of drivers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vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 (c. 14) to take account of the abolition by section 1 above of special licences to drive heavy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

Modifications etc. (not altering text)
C1

Pt. IV (ss. 110–122) amended by S.I. 1990/144, regs. 2(1), 3, Sch. 3 para. 2

Pt. IV (ss. 110-112) excluded (1.1.1997) by S.I. 1996/2824, reg. 47(1)(2)

Pt. IV (ss. 110-112) applied (1.1.1997) by S.I. 1996/2824, reg. 50(1)(2)

Pt. IV (ss. 110-112) excluded (12.11.1999) by S.I. 1999/2864, reg. 50(1)-(3)

Licensing of drivers of large goods vehicles and passenger-carrying vehicles.

F1119 Appeals to magistrates’ court or sheriff

1

A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence F2or 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) F3or 117A(2) of this Act,

F4or 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 F9and, 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 F5. . . or, in Scotland, to the sheriff within whose jurisdiction F6the holder of or applicant for the licence resides.

2

On any appeal under F7subsection (1) above (except under paragraph (c) of that subsection) the Secretary of State and, if the matter was referred to a traffic commissioner, F10the 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.