The Road Vehicles (Certificates of Temporary Exemption) Regulations 2020

Revocations

6.—(1) The Secretary of State may revoke a certificate of temporary exemption for a relevant vehicle that was being used under an operator’s licence at the time the certificate was issued if—

(a) any action, direction or order, in relation to that licence or its holder, is taken or made by a traffic commissioner under section 17 of the 1981 Act or section 26, 27 or 28 of the 1995 Act; or

(b) subject to paragraph (3), the vehicle is used on a road under an operator’s licence held by another person, and the Secretary of State, considering the factors specified in regulation 4(2)(b), is satisfied that the certificate would not have been issued if the vehicle had been used under an operator’s licence held by that person at the time the certificate was issued.

(2) Before revoking a certificate of temporary exemption, the Secretary of State must—

(a) give written notice to the holder of the operator’s licence under which the vehicle was being used at the time the certificate was issued (“the relevant operator”) and, if known and applicable, the person referred to in paragraph (1)(b); and

(b) include the following particulars in the notice—

(i) the identification mark for the relevant vehicle;

(ii) the date and time the notice was issued; and

(iii) the date and time the certificate of temporary exemption will be revoked, which must be no sooner than 24 hours after the time the notice was issued.

(3) A certificate of temporary exemption may only be revoked under paragraph (1)(b) if the relevant operator was, before the date specified in the certificate in accordance with regulation 5(c), given written notice by the Secretary of State that the certificate was liable to be revoked in the circumstances specified in that paragraph.

(4) In paragraph (2)(b), “identification mark” has the same meaning as in regulation 5(a).