Public Passenger Vehicles Act 1981

[F19(1)Regulations must make provision enabling the owner of a vehicle which has been detained by virtue of paragraph 2 above to apply to [F2a 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 [F3a traffic commissioner] within such period as may be determined in accordance with the regulations;

(b)require notice of an application to be made in such form as may be prescribed.

(3)Regulations must prescribe the grounds upon which the owner may apply for the return of the vehicle.

(4)The grounds prescribed under sub-paragraph (3) above must include each of the following—

(a)that, at the time the vehicle was detained, the person using the vehicle held a PSV 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 12(1) of this Act;

(c)that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 12(1) of this Act, the owner did not know that it was being, or had been, so used;

(d)that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 12(1) of this Act, the owner—

(i)had taken steps with a view to preventing that use, and

(ii)has taken steps with a view to preventing any further such use.]

Textual Amendments

F1Sch. 2A inserted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1