Textual Amendments
F1 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
Textual Amendments
F2Sch. 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
[F38E+W+SRegulations 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.]
Textual Amendments
F3Sch. 1A para. 8 substituted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 126(2), 134(1)(c), (4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F49(1)Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to [F5a traffic commissioner] for the return of the vehicle.E+W+S
(2)Regulations may, in particular—
(a)require notice of an application to be given to [F6a 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.
Textual Amendments
F4Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2
F5Words in Sch. 1A para. 9(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)
F6Words in Sch. 1A para. 9(2)(a) 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)
F710(1)Regulations shall make provision—E+W+S
(a)enabling [F8a traffic commissioner] to hold a hearing before determining an application by virtue of paragraph 9,
(b)requiring [F9a 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, [F10the 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 [F11a 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 [F11a 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.
Textual Amendments
F7Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2
F8Words in Sch. 1A para. 10(1)(a) 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)
F9Words in Sch. 1A para. 10(1)(b) 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)
F10Words in Sch. 1A para. 10(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)
F11Words in Sch. 1A para. 10(3)(a)(b) 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)
[F1211(1)Regulations shall provide for an appeal to the [F13Upper Tribunal] against the determination of the traffic commissioner.E+W+S
F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F12Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), 275(1), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I 2001/115, art. 2)
F13Words in Sch. 1A para. 11(1) substituted (1.9.2009) by Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 23(a)
F14Sch. 1A para. 11(2) omitted (1.9.2009) by virtue of Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 23(b)
F1512E+W+SRegulations 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.]
Textual Amendments
F15Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2
F16Words in Sch. 1A para. 12 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)