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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 10

Revocation and suspension of road service licences.

10.(1) Subject to subsection (2), a road service licence may be revoked or
suspended by the Ministry on the ground that any condition subject to which
the licence was granted has not been complied with.

(2) [Where the condition broken is a condition attached to the
road service licence otherwise than under section 7(1A) the Department shall
not revoke or suspend the licence under subsection (1)] unless, owing to the
frequency of the breach of conditions on the part of the holder of the
licence, or to the breach having been committed wilfully, or to the danger to
the public involved in the breach, the Ministry is satisfied that the licence
should be revoked or suspended.

(3) Where a person to whom the grant of a road service licence has been
refused or whose road service licence has at any time been revoked or
suspended becomes a director of a body corporate or acquires a controlling
interest in that body corporate, the Ministry may revoke or suspend any
road service licence held by that body corporate.

[(3A) Subject to subsections (3B) to (3E) where at any time during the
currency of a road service licence to which section 5(2) applies, it appears
to the Department that the holder of the licence is not

(a)of good repute,

(b)of appropriate financial standing,

(c)professionally competent,

(3B) In the case of the holder of a licence being a body corporate, subsection
(3A) shall apply as if in relation to paragraphs (a) and (c), it referred to
the person who is [continuously and effectively responsible] for the operation
of the motor vehicles used under the licence and who is specified in the
licence in pursuance of section 6A(5).

(3C) In the case of the holder of a licence not being a body corporate, where
there is specified in the licence in pursuance of section 6A(5) a person who
is [continuously and effectively responsible] for the operation of the
motor vehicles used under the licence, subsection (3A) shall apply as if in
relation to paragraph (a) it referred to that person as well as the holder of
the licence and as if in relation to paragraph (c) it referred to that person.

(3D) In the event of the death or physical or mental incapacity of the holder
of a licence or of a person specified in the licence in pursuance of
section 6A(5) or in the event of the person so specified ceasing for some
other reason to be employed by the holder of the licence, subsection (3A)
shall not require the Department to revoke the licence during such period, not
exceeding one year from the occurrence of the event in question, as the
Department may determine, or during such further period not exceeding 6
months, as the Department may, in exceptional circumstances, determine.

(3E) The Department shall not be required by subsection (3A) to revoke a
licence on a ground mentioned in paragraph (a) or (b) of that subsection if
the holder of the licence satisfies the Department that he is an exempt
person.]

(4) Where the Ministry decides to revoke or suspend a road service licence
under this section, the Ministry shall serve a notice to that effect on the
holder of the licence stating the reasons for the decision, and the revocation
or suspension shall not take effect

(a)until the expiration of the period of twenty-eight days from the service of
the notice; or

(b)where the holder of the licence appeals to the county court under
subsection (5), until the appeal is finally determined or abandoned.

(5) The holder of a road service licence who is aggrieved by the decision to
revoke or suspend the licence under this section may, within twenty-eight days
from the service of the notice under subsection (4), appeal to the county
court, giving notice of the appeal to the Ministry.

(6) On an appeal under subsection (5) the county court, if it is satisfied
that the Ministry was not justified in deciding to revoke or suspend the
licence under this section, shall declare that the revocation or suspension
shall be of no effect, stating the reasons for its decision, and that decision
shall be final.

© 1967 Crown Copyright

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