Part IV Licensing of drivers of large goods vehicles and passenger-carrying vehicles.
Licensing of drivers of large goods vehicles and passenger-carrying vehicles.
F1119 Appeals to magistrates’ court or sheriff
(1)
A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence F2or the holder of a LGV Community licence or a PCV Community licence, is aggrieved by the Secretary of State’s—
(a)
refusal or failure to grant such a licence in pursuance of section 112 or 113(4) of this Act,
(b)
suspension or revocation of such a licence in pursuance of section 115 or 116(4) of this Act, or
(c)
ordering of disqualification under section 117(2) F3or 117A(2) of this Act,
F4or by a notice served on him in pursuance of section 115A(1) or 116(4) of this Act may, after giving to the Secretary of State and any traffic commissioner to whom the matter was referred notice of his intention to do so, appeal to a magistrates’ court acting for the petty sessions area in which the holder of or applicant for the licence resides or, in Scotland, to the sheriff within whose jurisdiction he resides.
(2)
On any appeal under F5subsection (1) above (except under paragraph (c) of that subsection) the Secretary of State and, if the matter was referred to a traffic commissioner, the commissioner shall be respondent.
(3)
On any appeal under subsection (1) above the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.