[F17B.(1)In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.E+W+S
(2)If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.
(3)While a disqualification under sub-paragraph (2) is in force—
(a)the person may not act as transport manager for any road transport undertaking;
(b)a certificate issued to the person under Article 8.8 of the 2009 Regulation [F2or the 2009 Regulation (EU)] (certificate of professional competence) is not valid.
(4)A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order.
(5)The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.
(6)If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.]
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)