The Public Service Vehicles (Enforcement Powers) Regulations 2009

Hearings by traffic commissioner

12.—(1) If—

(a) an application under regulation 11(1) includes a written statement stating that the applicant wishes the traffic commissioner to hold a hearing, or

(b) having received an application under regulation 11(1) the traffic commissioner decides that it would be appropriate to hold a hearing before making a determination on the application,

the traffic commissioner must hold a hearing within 28 days of receipt of the application (subject to the power of the traffic commissioner to extend the period in accordance with regulation 25).

(2) Information about the time and place at which the traffic commissioner proposes to hold a hearing by virtue of paragraph (1) must be published in the Notices and Proceedings issued in accordance with regulation 3 of the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986(1).

(3) At any hearing held by virtue of this regulation the parties are entitled to—

(a) give evidence;

(b) call witnesses;

(c) cross examine witnesses; and

(d) address the traffic commissioner—

(i) on the evidence; and

(ii) generally on the subject matter of the hearing.

(4) Subject to paragraph (5), a hearing held by virtue of this regulation must be held in public.

(5) Notwithstanding paragraph (4), the traffic commissioner may direct that the whole or any part of a hearing under this regulation is to be held in private if the traffic commissioner is satisfied that it is just and reasonable to do so by reason of—

(a) the likelihood of disclosure of information about personal or financial circumstances;

(b) the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or

(c) exceptional circumstances not falling within sub-paragraph (a) or (b).

(6) Where a hearing is held in private, the traffic commissioner may admit such persons as the traffic commissioner considers appropriate.

(1)

S.I. 1986/1629. There are amendments to regulation 3 but none is relevant.