[F1SCHEDULE 3AE+W+SModification of the 1995 Act and these Regulations for certain international operators

Textual Amendments

PART 1E+W+SModification of the 1995 Act

Substitution of section 26 (revocation, suspension and curtailment of operators’ licences)E+W+S

18.  The 1995 Act has effect as if for section 26 there were substituted—

“Revocation, suspension and curtailment of operators’ licences

26.—(1) A traffic commissioner may, subject to section 29, direct that an operator’s licence be revoked, suspended or curtailed on the grounds that—

(a)the licence-holder has contravened any condition attached to the licence;

(b)during the five years ending with the date on which the direction is given there has been—

(i)a conviction of the licence-holder of one or more notifiable convictions (within the meaning of paragraph 4 of Schedule 2),

(ii)a notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2), or

(iii)a prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle which the licence-holder owned at the time the prohibition was imposed;

(c)since the licence was issued or varied the commissioner has learned that—

(i)a statement of fact of the licence-holder made for the purposes of an application for the licence or an application for the variation of the licence was false, or

(ii)a statement of expectation of the licence-holder made for those purposes has not been fulfilled.

(2) In this Act references to directing that an operator’s licence be curtailed are references to directing, with effect for the remainder of the duration of the licence or for any shorter period—

(a)that one or more of the vehicles specified in the licence be removed from it;

(b)that a provision such as is mentioned in section 5(2) or 6(1) or (2)(b) be included in the licence.

(3) Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner may at any time—

(a)cancel the direction, or

(b)with the consent of the licence-holder, vary the direction.

(4) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.”.]