Goods Vehicles (Licensing of Operators) Act 1995

9 Convictions etc. subsequent to the making of an application. E+W+S

(1) A person who has made an application for an operator’s licence shall forthwith notify the traffic commissioner [F1 dealing with the application] if, in the interval between the making of the application and the date on which it is disposed of, there occurs a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 [F2 or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule].

(2) A person who—

(a) has made an application for a standard licence, and

(b) has included in that application particulars of a transport manager,

shall forthwith notify the traffic commissioner [F3 dealing with the application] if, in the interval between the making of the application and the date on which it is disposed of, there occurs any event affecting any information about the transport manager given to the commissioner under section 8.

(3) A person is guilty of an offence if he—

(a) knowingly fails to comply with subsection (1), or

(b) knowingly fails to comply with subsection (2) in a case where the event which occurs as mentioned in that subsection is the conviction of the transport manager of an offence such as is mentioned in paragraph 5 of Schedule 2 [F4 or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence];

and a person who is guilty of an offence under paragraph (a) or (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) For the purposes of this section an application shall be taken to be disposed of—

(a) in a case where [F5 a traffic commissioner] is required, by virtue of regulations under section 57(2)(a), to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and

(b) in any other case, on the date on which the applicant receives notice from [F5 a traffic commissioner] of his decision on the application.

Textual Amendments

F1 Words in s. 9(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F2 Words in s. 9(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(2), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

F3 Words in s. 9(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F4 Words in s. 9(3)(b) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), ss. 6(3), 61(1), (10) (with s. 61(3)); S.I. 2008/3164, art. 3(c)

F5 Words in s. 9(4)(a)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)