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The Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024

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Cancellation of permitU.K.

This section has no associated Explanatory Memorandum

16.—(1) The Secretary of State may cancel a permit if the operator who holds it—

(a)requests its cancellation,

(b)breaches a condition attached to it under regulation 11, or

(c)is guilty of an offence (relating to forgery, false statements, etc.) in respect of the permit, or an application for that permit, under any of the following—

(i)section 173(1) of the Road Traffic Act 1988(1);

(ii)section 174(1)(e) of the Road Traffic Act 1988;

(iii)Article 174(1)(a)(iii) of the Road Traffic (Northern Ireland) Order 1981(2);

(iv)Article 174(2) of the Road Traffic (Northern Ireland) Order 1981;

(v)section 36(1) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(3);

(vi)section 37(1)(e) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010.

(2) If the Secretary of State cancels a permit, the Secretary of State must notify the operator of—

(a)the reason for cancelling it, and

(b)the date on which it ceases to have effect, which must not be before the end of the period of 28 days beginning with the day after the day the operator is so notified.

(3) A permit may be cancelled for a breach of a condition attached to it regardless of whether the Secretary of State notifies the operator of the breach under regulation 15.

(4) Unless the Secretary of State withdraws a cancellation notification, or there is a decision under regulation 18(2)(b) that the cancellation should be suspended pending an appeal, a permit ceases to have effect on the date specified in the notification.

Commencement Information

I1Reg. 16 in force at 11.6.2024, see reg. 1(b)

(1)

1988 c. 52. Section 173(2)(l) has the effect that the offence in section 173(1) applies to any international road haulage permit and section 192(1), as amended by paragraph 3 of the Schedule to the 2018 Act, has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

(2)

S.I. 1981/154 (N.I. 1), amended by paragraph 2 of the Schedule to the 2018 Act and S.I. 2007/916 (N.I. 10); other amendments are not relevant. Article 174(2A)(c) has the effect that the offence in Article 174(2) applies to any international road haulage permit and Article 174(5A) has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

(3)

Section 36(2)(e) has the effect that the offence in section 36(1) applies to any international road haulage permit and section 58(1), as amended by paragraph 4 of the Schedule to the 2018 Act has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

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