The Goods Vehicles (Licensing of Operators) Regulations 1995

PART III E+W+S OBJECTIONS AND REPRESENTATIONS

Prescribed trade unions and associations E+W+S

10.—(1) The trade unions and associations specified in paragraph (2), being trade unions or associations whose members consist of or include persons holding licences or employees of any such persons, are hereby prescribed as persons who may object as provided in section 12(2), either as applied by section 19(2)(a) or not.

(2) Those trade unions and associations are—

• The British Association of Removers;

• The Freight Transport Association;

• [F1 GMB];

• The National Union of Rail, Maritime and Transport Workers;

• The Road Haulage Association;

• The Transport and General Workers’ Union;

• The Union of Shop, Distributive and Allied Workers; and

• The United Road Transport Union.

Textual Amendments

F1 Word in reg. 10(2) substituted (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 4

Commencement Information

I1 Reg. 10 in force at 1.1.1996, see reg. 1

Manner of making objections and representations E+W+S

11.—(1) For the purposes of sections 12(6)(b), 12(7)(b) and 19(10), the prescribed manner of making an objection to, or representation against, an application is by delivering a document to [F2 a traffic commissioner]—

(a) setting out the objection or representation as the case may be; and

(b) signed—

(i) if made by an individual, by that person,

(ii) if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,

(iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,

or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

(2) A copy of the document delivered under paragraph (1) shall be sent by the objector, or the person making the representation, to the applicant on the same day as, or the next working day after, the delivery to the traffic commissioner.

Textual Amendments

F2 Words in reg. 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. 2 (with arts. 1(3), 2, 7)

Commencement Information

I2 Reg. 11 in force at 1.1.1996, see reg. 1

Time of making objections and representations E+W+S

12.—(1) The prescribed time within which an objection under section 12(1)(a) or (b) to an application for a licence must be made is the period commencing immediately after notice of the application is published under section 11(2) and ending 21 days after the date on which notice of the application is published in Applications and Decisions.

(2) The prescribed time within which a representation under section 12(4) in respect of an application for a licence must be made is the period of 21 days beginning with the date on which notice of the application is published under section 11(2).

(3) The prescribed time within which an objection under section 12(1)(a) as applied by section 17(5) or section 19(2) to or in respect of an application for a variation of a licence must be made is the period commencing immediately after notice of the application is published under section 18(3) (or, if none, the making of the application to which the objection relates) and ending 21 days after the date on which the notice of the application is published in Applications and Decisions.

(4) The prescribed time within which a representation under section 19(2) in respect of an application for a variation of a licence must be made is the period of 21 days beginning with the date on which the notice of the application is published under section 18(3).

Commencement Information

I3 Reg. 12 in force at 1.1.1996, see reg. 1

Consideration of objections and representations E+W+S

13.—(1)  [F3 A traffic commissioner] shall consider every objection duly made in considering whether or not to hold an inquiry as provided in section 35.

(2) [F3 A traffic commissioner] shall consider every representation duly made in considering whether or not to hold an inquiry as provided in section 35.

Textual Amendments

F3 Words in reg. 13(1)(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I4 Reg. 13 in force at 1.1.1996, see reg. 1