Modifications to the 1981 ActE+W+S
12.—(1) For the purposes of these Regulations—
(a)section 16(7) of the 1981 Act M1 does not apply to any contravention of a condition attached to a PSV operator's licence for the purpose of these Regulations;
(b)section 54 of that Act M2 applies to the exercise of a traffic commissioner's functions under these Regulations in the same manner as it applies to the exercise of a traffic commissioner's functions under the 1981 Act.
(2) For the purpose of paragraph (1)(b), a traffic commissioner may by summons (in England and Wales) or by citation (in Scotland) require any person, including any officer of any local authority or local transport authority which is a terminal managing body, to attend an inquiry, at a time and place stated in the summons or citation, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, provided that—
(a)no person may be required, in obedience to such summons or citation, to attend to give evidence or to produce any such documents, unless that person's necessary expenses of attendance are paid or tendered to that person; and
(b)nothing in this paragraph empowers the traffic commissioner holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.
Marginal Citations
M1To which there are amendments not relevant to these Regulations.
M2Section 54 of the 1981 Act was substituted by the Transport Act 1985, section 4; and has been amended by the Road Transport Operator Regulations 2011 (S.I. 2011/2632), Schedule 1, paragraph 1 and 8; the Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), Schedule 1, paragraph 1 and 3; and the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), Schedule 1.