Public Passenger Vehicles Act 1981

[F17A.(1)A traffic commissioner must not in any proceedings under this Act or the 2009 Regulation make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice—E+W+S

(a)stating that the question whether the transport manager is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

(b)setting out the nature of the allegations against the transport manager;

(c)stating that the transport manager is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on the transport manager; and

(d)stating that the transport manager is entitled to request an inquiry as provided in section 54.

(2)Where a transport manager makes representations under this paragraph, the traffic commissioner must consider the representations—

(a)in considering whether or not [F2an inquiry should be held] as provided in section 54; and

(b)in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

(3)The traffic commissioner must hold an inquiry as provided in section 54 if the transport manager requests one under sub-paragraph (1)(d).

(4)A notice is deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the transport manager at the transport manager’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the transport manager.]

Textual Amendments

F1Sch. 3 paras. 7A-7C and cross-heading inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(6) (with Sch. 3 Pt. 1)