Goods Vehicles (Licensing of Operators) Act 1995

[F113 Determination of applications for operators’ licencesE+W+S

(1)On an application for a standard licence a traffic commissioner must consider—

(a)whether the requirements of sections 13A and 13C are satisfied, and

(b)if the commissioner thinks fit, whether the requirement of section 13D is satisfied.

(2)On an application for a restricted licence a traffic commissioner must consider—

(a)whether the requirements of sections 13B and 13C are satisfied, and

(b)if the commissioner thinks fit, whether the requirement of section 13D is satisfied.

(3)Subsections (1) and (2) are subject to [F2section 11 (publication of application), if applicable, and section] 45(2) (payment of application fee).

(4)In considering whether any of the requirements of sections 13A to 13D are satisfied, the traffic commissioner must have regard to any objection duly made under section 12(1)(a) in respect of the application.

(5)If the traffic commissioner determines that any of the requirements that the commissioner has taken into consideration in accordance with subsection (1) or (2) are not satisfied, the commissioner must refuse the application.

(6)In any other case the commissioner must grant the application, unless either of the following provisions applies—

(a)section 14(2) (power to refuse application on environmental grounds);

(b)section 45(2) (power to refuse to proceed until fee is paid).]

Textual Amendments

F1Ss. 13-13D substituted (E.W.S.) for s. 13 (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 5 (with Sch. 3 Pt. 2)