C2C3C4 Part I General Provisions Relating to Road Passenger Transport
Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)
Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)
Further amendments with respect to PSV operators’ licences
C128 Power to disqualify PSV operators.
1
Where F7a traffic commissioner revokes a PSV operator’s licence, he may order the former holder to be disqualified, indefinitely or for such period as he thinks fit, from holding or obtaining a PSV operator’s licence.
2
So long as a disqualification imposed under subsection (1) above is in force with respect to any person,
F1a
any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and
b
notwithstanding F5section 14(3) of the 1981 Act, no PSV operator’s licence may be granted to him.
F22A
If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void.
3
An order under subsection (1) above may be limited so as to apply only to the holding or obtaining of a PSV operator’s licence in respect of F8one or more specified traffic areas and, if the order is so limited, subsection (2) above shall apply only to any PSV operator’s licence to which the order applies.
4
Where a traffic commissioner makes an order under subsection (1) above with respect to any person, he may direct that if that person, at any time during such period as he may specify—
a
is a director of, or holds a controlling interest in—
i
a company which holds a licence of the kind to which the order applies; or
ii
a company of which a company which holds such a licence is a subsidiary; or
b
operates any public service vehicles in partnership with a person who holds such a licence;
the powers under section 17(2) of the 1981 Act (revocation, suspension, etc., of PSV operators’ licences) shall be exercisable in relation to that licence by F9a traffic commissioner.
5
The powers conferred by this section in relation to the person who was the holder of a licence shall be exercisable also—
a
where that person was a company, in relation to any officer of that company; and
b
where that person operated the vehicles used under the licence in partnership with other persons, in relation to any of those other personsF3and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection.
6
A traffic commissioner shall not make any such order or give any such direction without first holding an inquiry if any person affected by the proposed order or direction requests him to do so.
F46A
F6Where an order disqualifying a person has been made under subsection (1) above, a traffic commissioner may at any time—
a
cancel that order together with any direction that was given under subsection (4) above when the order was made;
b
cancel any such direction; or
c
with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).
7
For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital.
Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)