SCHEDULES
F6SCHEDULE 1A Detention of vehicles used without operator’s licence
F5 Return or disposal of vehicle
Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I
F78
Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9.
F19
1
Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to F10a traffic commissioner for the return of the vehicle.
2
Regulations may, in particular—
a
require notice of an application to be given to F11a traffic commissioner within such period as may be determined in accordance with the regulations, and
b
require notice of an application to be made in such form as may be prescribed.
3
Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.
4
Those grounds may include the following grounds—
a
that at the time the vehicle was detained the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle),
b
that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2, or
c
that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.
F210
1
Regulations shall make provision—
a
enabling F12a traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,
b
requiring F13a traffic commissioner to hold a hearing if requested by a person who claims to be the owner,
c
as to the time within which the hearing must be held, and
d
subject to such provision as may be made by the regulations, for the hearing to be held in public.
2
Regulations shall also provide that, if no hearing is held, F14the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received .
3
Regulations shall provide that—
a
if F15a traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;
b
if F15a traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.
F311
1
Regulations shall provide for an appeal to the F8Upper Tribunal against the determination of the traffic commissioner.
F92
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F412
Regulations may provide that, if no application is made to F16a traffic commissioner in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.
Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I