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The Goods Vehicles (Licensing of Operators) Regulations 1995

Status:

This is the original version (as it was originally made).

Procedure at inquiry

5.—(1) Except as otherwise provided in this Schedule, the traffic commissioner shall determine the procedure at an inquiry.

(2) Subject to sub-paragraph (5), a person entitled to appear at an inquiry in accordance with paragraph 3 of this Schedule shall be entitled to give evidence, call witnesses, to cross examine witnesses and to address the traffic commissioner both on the evidence and generally on the subject matter of the proceedings.

(3) The giving of evidence, the calling of witnesses, the cross examination of witnesses and the making of such addresses by other persons appearing at an inquiry shall be at the traffic commissioner’s discretion.

(4) Subject to sub-paragraph (5), any person present at an inquiry may submit any written evidence or other matter in writing before the close of the inquiry.

(5) Without prejudice to sub-paragraph (3), the traffic commissioner may refuse to permit—

(a)the giving or calling of evidence;

(b)cross examination of persons giving evidence; or

(c)the presentation of any other matter,

which he considers to be irrelevant, repetitious, frivolous or vexatious.

(6) The traffic commissioner may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return.

(7) The traffic commissioner may proceed with an inquiry in the absence of any person entitled to appear, but if he was required to give such a person notice of the inquiry under paragraph 1 of this Schedule he shall not so proceed in the person’s absence unless—

(a)he is satisfied that such notice had been duly given; or

(b)he decides to proceed with the inquiry under paragraph 7 of this Schedule on the basis that no injustice would be caused to the person as a result of such notice not having been duly given to him.

(8) The traffic commissioner shall not take into account any written evidence or other matter in writing received by him from any person before an inquiry opens or during any inquiry unless he discloses it at the inquiry.

(9) The traffic commissioner may from time to time adjourn an inquiry.

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