(1)Subject to subsection (3), [F2a traffic commissioner who is dealing with an application for [F3a heavy goods vehicle] licence] shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application.
(2)This subsection has been complied with in respect of a locality affected by an application [F4for a heavy goods vehicle licence] if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.
(3)[F5A traffic commissioner] is not required by this section to refuse an application [F6for a heavy goods vehicle licence] if—
(a)he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and
(b)he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.
(4)For the purposes of this section a locality is affected by an application for [F7a heavy goods vehicle] licence if it contains any place [F8in the traffic area concerned] that will be an operating centre of the licence-holder if the application is granted.
Textual Amendments
F1Words in s. 11 heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(1)
F2Words in s. 11(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F3Words in s. 11(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(2)
F4Words in s. 11(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(3)
F5Words in s. 11(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F6Words in s. 11(3) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(4)
F7Words in s. 11(4) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 29(5)
F8Words in s. 11(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Modifications etc. (not altering text)
C1S. 11 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 7