PART 2

Determination of Relevant Operator and Admissible Objection, Decisions and Referrals to a Traffic Commissioner

Provision of information to traffic commissioner
13
1
Where a matter is referred to a traffic commissioner under regulation 12 for a determination the lead authority must, within a period of 14 days beginning with the day on which the information provided by virtue of regulation 12(4) is received, submit to the traffic commissioner—
a
a statement describing the basis on which the decision under regulation 11 was taken; and
b
any additional evidence or information which that authority considers to be relevant to the determination.
2
The lead authority must, at the same time as it submits the statement described in paragraph (1)(a), send to the objector a copy of that statement and such additional evidence or information which the lead authority is submitting to the traffic commissioner in accordance with paragraph (1)(b).
3
If the lead authority fails to submit the material described in paragraph (1)(a) and (b) within the period specified in that paragraph, the traffic commissioner may nevertheless proceed to make a determination under regulation 15.
4
The traffic commissioner may, within a period of 14 days beginning with the end of the period for the submission of the material described in paragraph (1)(a) and (b), request such further information or evidence from the objector or the lead authority as the traffic commissioner considers necessary in order to make a determination.
5
Where such information or evidence is requested in accordance with paragraph (4) the objector or, as the case may be, the lead authority must submit that information or evidence within a period of 14 days beginning with the day on which the request is received.
6
The objector or, as the case may be, the lead authority must, at the same time as it submits any information or evidence requested under paragraph (4) to the traffic commissioner, send a copy of that information or evidence to the lead authority or, as the case may be, the objector.
7
If the objector or, as the case may be, the lead authority fails to respond to a request under paragraph (4) within the period specified in paragraph (5) the traffic commissioner may nevertheless proceed to make a determination under regulation 15.
8
In this regulation, “the traffic commissioner” means the traffic commissioner dealing with the referral in question.