1(1)In determining whether an individual is of good repute, a traffic commissioner may have regard to any matter but shall, in particular, have regard to—E+W+S
(a)any relevant convictions of the individual or of his servants or agents; and
(b)any other information in his possession which appears to him to relate to the individual’s fitness to hold a licence.
(2)In determining whether a company is of good repute, a traffic commissioner shall have regard to all the material evidence including, in particular—
(a)any relevant convictions of the company or of any of its officers, servants or agents; and
(b)any other information in his possession as to the previous conduct of—
(i)any of the company’s officers, servants or agents, or
(ii)any of its directors, in whatever capacity,
if that conduct appears to him to relate to the company’s fitness to hold a licence.
(3)For the purposes of this paragraph, the relevant convictions of any person are—
(a)any conviction of that person of an offence such as is mentioned in paragraph 5 of Schedule 2;
(b)any conviction of that person of an offence under the law of Northern Ireland or of the law of any country or territory outside the United Kingdom corresponding to an offence such as is mentioned in that paragraph;
(c)any conviction of that person of a serious offence within the meaning given in paragraph 3; and
(d)any conviction of that person of a road transport offence within the meaning given in paragraph 4.
[F12E+W+SWithout prejudice to the generality of a traffic commissioner’s power under paragraph 1 to determine that a person is not of good repute, a commissioner shall determine that an individual is not of good repute if that individual has—
(a)more than one conviction of a serious offence; or
(b)been convicted of road transport offences.]
Textual Amendments
F1Sch 3. para. 2 substituted (1.10.1999) by S.I. 1999/2430, reg. 2(1)
3(1)A person has a conviction of a “serious offence” if—E+W+S
(a)he has been convicted of any offence under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom, and
(b)on such conviction there was imposed on him for that offence a punishment falling within sub-paragraph (2).
(2)The punishments are—
(a)a sentence of imprisonment for a term exceeding three months;
(b)a fine exceeding level 4 on the standard scale;
(c)a [F2community order] requiring him to perform work for more than 60 hours [F3or a community payback order requiring him to undertake unpaid work, or unpaid work and other activity, for more than 60 hours]; and
(d)in the case of an offence committed under the law of a country or territory outside the United Kingdom, any punishment corresponding to those mentioned in paragraphs (a) to (c).
(3)In sub-paragraph (2)—
(a)the reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health; F4...
[F5(b) “ community order ” means a community order under section 177 of the Criminal Justice Act 2003, a community punishment order made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community service order under the Community Service by Offenders (Scotland) Act 1978][F6; and
(c)“community payback order” means a community payback order under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement.]
Textual Amendments
F2Words in Sch. 3 para. 3(2)(c) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 68(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(28) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F3Words in Sch. 3 para. 3(2)(c) inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 12(2) (with art. 4(4))
F4Word in Sch. 3 para. 3(3) repealed (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 12(3)(a) (with art. 4(4))
F5Sch. 3 para. 3(3)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 68(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(28) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F6Sch. 3 para. 3(3)(c) and word inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 12(3)(b) (with art. 4(4))
[F74E+W+S“Road transport offence” means—
(a)an offence under the law of any part of the United Kingdom relating to road transport including, in particular—
(i)an offence relating to drivers’ hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and
(ii)any other offence concerning professional liability; or
(b)any corresponding offence under the law of a country or territory outside the United Kingdom.]
Textual Amendments
F7Sch. 3 para. 4 substituted (1.10.1999) by S.I. 1999/2430, reg. 2(2)
5[F8(1)In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph.E+W+S
(1A)In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act.
(1B)In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act.]
(2)For the purposes of paragraphs 1 to 4—
(a)convictions which are spent for the purposes of the M1Rehabilitation of Offenders Act 1974 shall be disregarded; and
(b)a traffic commissioner may also disregard an offence if such time as he thinks appropriate has elapsed since the date of the conviction.
Textual Amendments
F8Sch. 3 para. 5(1)-(1B) substituted for Sch. 3 para. 5(1) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 131; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 3 para. 5(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(a)
C2Sch. 3 para. 5(1A) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(b)
Marginal Citations