Part IILocal transport
Financial and competition provisions
155Penalties
(1)
Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse—
(a)
failed to operate a local service registered under section 6 of the M1Transport Act 1985,
(b)
operated a local service in contravention of that section or section 118(4) or 129(1)(b) of this Act, or
(c)
failed to comply with section 138 or 140(3) of this Act,
he may impose a penalty on the operator.
(2)
The amount of the penalty shall be such amount as the traffic commissioner thinks fit in all the circumstances of the case, not exceeding the amount determined in accordance with subsection (3).
(3)
That amount is—
(a)
£550, or
(b)
such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
(4)
The penalty is payable to the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(5)
After imposing the penalty, the traffic commissioner must at once give notice in writing to—
(a)
the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
(b)
the operator.
(6)
The operator may appeal to the Transport Tribunal against the imposition of the penalty.
(7)
An amount due under this section is recoverable as a civil debt.