PART 2Determination of Relevant Operator and Admissible Objection, Decisions and Referrals to a Traffic Commissioner

Procedure for making an objection9.

(1)

An operator who wishes to object to a requirement falling within section 113E(4)(a) or (b) or (5)(a) or (b) of the 2000 Act must make the objection in writing and serve it on the lead authority within a period of 28 days beginning with the day on which the notice given under section 113G(1) of the 2000 Act in relation to that requirement is published.

(2)

A copy of the objection made under paragraph (1) must, at the same time as the objection is served on the lead authority, be sent by the objector to a traffic commissioner.

(3)

An objection made under paragraph (1) must contain—

(a)

a statement describing the basis on which the objector considers that it is a relevant operator for the purposes of section 113E(7) and (8) of the 2000 Act;

(b)

a statement describing the basis on which the objector considers that either or both of the grounds specified in regulation 8(3) is or are satisfied; and

(c)

evidence to support the statements described in sub-paragraphs (a) and (b).

(4)

An operator who makes an objection in accordance with paragraph (1) may withdraw it at any time before the lead authority makes a decision in accordance with regulation 11(1).