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The Road Transport Operator Regulations 2011

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This is the original version (as it was originally made).

Period for appointment of new transport manager under paragraph 5 of Schedule 3

This section has no associated Explanatory Memorandum

5.—(1) Sub-paragraph (2) applies where a traffic commissioner has, before the commencement date, given an opinion as to the period reasonably required for—

(a)the appointment of a new transport manager under paragraph 5(1) of Schedule 3 to the 1981 Act, or

(b)the removal of the transport manager or the appointment of another transport manager in his place under paragraph 5(2) of that Schedule.

(2) The licence-holder is not to be treated, on and after the commencement date, as failing to satisfy the requirement of professional competence under section 14ZA(2)(d) or (3)(b) of the 1981 Act until the expiry of the period.

(3) Sub-paragraph (4) applies where before the commencement date a traffic commissioner could have, but has not, given an opinion as to the period reasonably required for—

(a)the appointment of a new transport manager under paragraph 5(1) of Schedule 3 to the 1981 Act, or

(b)the removal of the transport manager or the appointment of another transport manager in his place under paragraph 5(2) of that Schedule.

(4) The licence-holder is not to be treated as failing to satisfy the requirement of professional competence under section 14ZA(2)(d) or (3)(b) of the 1981 Act until the traffic commissioner has given an opinion as to that period, and that period has expired.

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