PART II E+W+S General Provisions Relating to Public Service Vehicles

Modifications etc. (not altering text)

Public service vehicle operators’ licencesE+W+S

17 Revocation, suspension etc. of licences.E+W+S

[F1(1)[F2A traffic commissioner must revoke a standard] licence if it appears to the commissioner at any time that—

(a)the holder no longer satisfies the requirements of section 14ZA(2), or

(b)the transport manager designated in accordance with Article 4 of the 2009 Regulation no longer satisfies the requirements of section 14ZA(3).

(1A)Before revoking a standard licence under subsection (1), the traffic commissioner may serve on the holder a notice setting a time limit, in accordance with Article 13.1 of the 2009 Regulation, for the holder to rectify the situation.

(1B)If the holder rectifies the situation within the time limit set under subsection (1A), the traffic commissioner must not revoke the licence]

(2)Without prejudice to subsection (1) above, [F3a traffic commissioner] may, on any of the grounds specified in subsection (3) below, at any time—

(a)revoke [F4a PSV operator’s licence];

(b)suspend [F5such a licence] for such period as [F6he directs];

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)vary any condition attached under subsection (1) of section 16 of this Act to [F8such a licence], or attach to [F8such a licence] (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.

(3)The grounds for action under subsection (2) above are—

(a)that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of F9... expectation which has not been fulfilled;

[F10(aa)that any undertaking recorded in the licence has not been fulfilled;]

(b)that there has been a contravention of any condition attached to the licence;

(c)that a prohibition under F11[M1section 69 of the Road Traffic Act 1988] has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under [section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition];

(d)in the case of a restricted licence, that the holder no longer satisfies [F12the requirements of section 14ZB];

(e)that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence.

[F13(f)the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators’ licences should be liable to be revoked, suspended, etc.) has effect]

(4)[F14A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [F15an inquiry] if the holder of the licence requests [F16that an inquiry be held].

(5)Where [F17a traffic commissioner decides] to revoke a licence under this section, [F18he] may direct that the revocation shall not take effect for such period as appears to [F18him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

[F19(5A)Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

(5B)[F20Where a licence is suspended under this section, a traffic commissioner] may at any time—

(a)cancel the suspension; or

(b)with the consent of the holder of the licence, vary the period for which it is suspended.]

F21(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7S. 17(2)(c) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 5(2)(a), Sch. 17; S.I. 1995/2835, art. 2

F9Words in s. 17(3)(a) omitted (1.1.1996) by virtue of 1994 c. 40, ss. 68, 81(1), Sch. 14 para. 5(2)(a), Sch. 17; S.I. 1995/2835, art. 2

F10S. 17(3)(aa) inserted (1.1.1996) by 1994 c. 40, s. 59(6); S.I. 1995/2835, art. 2

F11Words in s. 17(3)(c) substituted (3.1.1995) by 1994 c. 40, s. 68, Sch. 14, para. 5(2)(b); S.I. 1994/3188, art. 3

F19S. 17(5A)(5B) inserted (3.1.1995) by 1994 c. 40, s. 62(3); S.I. 1994/3188, art. 3

Modifications etc. (not altering text)

C2S. 17(1) amended by S.I. 1986/1628, reg. 5(1), Sch.

C3S. 17(1) modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(4))

C5S. 17(3)(d) excluded by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a)

Marginal Citations