Transport Act 1982

20 Substitution of new section for section 58 of the 1972 Act

The following section shall be substituted for section 58 of the 1972 Act—

“58 Removal of prohibition of driving unfit goods vehicle.

(1) Subject to any subsisting direction under section 57(4A) of this Act, a prohibition under that section may be removed by any goods vehicle examiner or authorised inspector if he is satisfied that the vehicle is fit for service.

(2) A person aggrieved by the refusal of a goods vehicle examiner or authorised inspector to remove a prohibition may, within the prescribed time, in the prescribed manner and on payment of the prescribed fee, appeal to the Secretary of State; and on any such appeal the Secretary of State shall cause an examination to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

(3) Any determination made by the Secretary of State on an appeal under subsection (2) above shall be binding on the goods vehicle examiner or authorised inspector ; and if the Secretary of State allows the appeal he may repay the whole or part of the fee paid on the appeal.

(4) Where a goods vehicle examiner or authorised inspector removes a prohibition, he shall forthwith give notice of the removal to the owner of the vehicle and, in the case of an authorised vehicle within the meaning of Part V of the [1968 c. 73.] Transport Act 1968, to the licensing authority by whom the operator's licence (within the meaning of Part V) was granted for the vehicle.

(5) The Secretary of State may provide and maintain stations where inspections of goods vehicles for the purposes of this section may be carried out and may provide and maintain the apparatus for carrying out such examinations.

(6) The Secretary of State may by regulations—

(a) prescribe anything which may be prescribed under subsection (2) above ;

(b) make provision for regulating the procedure on appeals to him under that subsection; and

(c) make provision as to the fees to be paid for inspection of vehicles brought to an official testing station for inspection with a view to removal of a prohibition.

(7) Payment of a fee prescribed by regulations made by virtue of subsection (6)(c) above may be required (by the Secretary of State or other person to whom in accordance with the regulations it is payable) to be made in advance; and the Secretary of State shall ensure that the scales and rates of fees so prescribed are reasonably comparable with the fees charged under section 45(6) of this Act in respect of the periodic examination of goods vehicles.

(8) Any removal of a prohibition shall be made by notice in writing.”.