Public Passenger Vehicles Act 1981

Changes over time for: Section 17

Version Superseded: 04/12/2011

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Public Passenger Vehicles Act 1981, Section 17 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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

(1)The traffic [F1commissioner] by whom a standard licence was granted shall revoke the licence if it appears to [F1him] at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.

(2)Without prejudice to subsection (1) above, the traffic [F2commissioner] by whom a PSV operator’s licence was granted may, on any of the grounds specified in subsection (3) below, at any time—

(a)revoke the licence;

(b)suspend the licence for such period as [F3he directs]. . .;

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)vary any condition attached under subsection (1) of section 16 of this Act to the licence, or attach to the 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 F5. . . expectation which has not been fulfilled;

[F6(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 F7[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 the requirement to be of good repute or the requirement to be of appropriate financial standing;

(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.

[F8(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)[F9A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [F10an inquiry] if the holder of the licence requests [F11him] to do so.

(5)Where [F12a traffic commissioner decides] to revoke a licence under this section, [F13he] may direct that the revocation shall not take effect for such period as appears to [F13him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.

[F14(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)A traffic commissioner who has suspended a licence under this section 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.]

(6)The provisions of Schedule 3 to this Act shall apply for the purposes of subsections (1) and (3)(d) above as they apply for the purposes of section 14(1) of this Act.

Textual Amendments

F1Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(a)

F2Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(b)

F3Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(b)

F4S. 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

F5Words 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

F6S. 17(3)(aa) inserted (1.1.1996) by 1994 c. 40, s. 59(6); S.I. 1995/2835, art. 2

F7Words 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

F8S. 17(3)(f) added by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(5)

F9Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(c)

F10Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 21(6)

F11Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(8)(c)