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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 29

Suspension and revocation of operators' or vehicle licences.

29.(1) The Ministry may revoke or suspend a vehicle licence on any of the
following grounds

(a)that the Ministry of Home Affairs has revoked or suspended the goods
vehicle certificate granted under [Article 54 of the Road Traffic (Northern
Ireland) Order 1981] in respect of the vehicle to which the licence relates;

(b)that the holder of the licence has been convicted of contravening or
failing to comply with section 17(2);

(c)that the holder of the licence has been convicted of an offence under
section 20;

(d)that the holder of the licence, or any servant or agent of his, has been
convicted of an offence under section 34, 35 or 40;

(e)that the holder of the licence, or any servant or agent of his, has, in
relation to the vehicle in respect of which the licence is granted, been
convicted of contravening any statutory provision relating to

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)the regulation, taxation or certification of vehicles;

<(iii)limits of speed and weight, laden and unladen, and the loading of vehicles;


<(iv)the time for which drivers of goods vehicles may remain continuously on duty and the hours which they are to have for rest;


(v)the keeping of records as to hours of work;

(f)that the holder of the licence has been found by the Industrial Court to be
in breach of the provisions of section 44;

(g)where the licence is held by a body corporate, that a person to whom the
grant of an operator's licence or vehicle licence has been refused or whose
operator's licence or vehicle licence has at any time been revoked or
suspended has become a director of that body corporate or has acquired a
controlling interest in that body corporate.

(2) Where within any period of thirty-six consecutive months the Ministry has
revoked or suspended, on any of the grounds referred to in subsection (1)(b)
to (g), any vehicle licences held by a road freight operator, the total number
of such revocations and suspensions being

(a)not less than three; and

(b)not less than one-tenth (calculated to the nearest whole number) of the
greatest number of vehicle licences held by that operator during the said
period;

[(2A) An operator's licence may be revoked or suspended by the Department on
the ground that any condition subject to which the licence was granted has not
been complied with.

(2B) Subject to subsections (2C) to (2F), where at any time during the
currency of an operator's licence it appears to the Department that the holder
of the licence is not

(a)of good repute,

(b)of appropriate financial standing, or

(c)professionally competent,

(2C) In the case of the holder of a licence being a body corporate, subsection
(2B) 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 goods vehicles used under the licence and who is specified in the
licence in pursuance of section 28A(5).

(2D) 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 28A(5) a person who
is [continuously and effectively responsible] for the operation of the goods
vehicles used under the licence subsection (2B) 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.

(2E) 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 28A(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 (2B)
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.

(2F) The Department shall not be required by subsection (2B) 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.

(2G) Where the Department revokes or suspends an operator's licence under
subsection (2A) or (2B), it may also revoke or suspend all the
vehicle licences held by that operator.]

(3) Where the Ministry decides to revoke or suspend an operator's licence
under [this section], the Ministry shall serve a notice to that effect on that
road freight operator, 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 road freight operator appeals to the county court under
subsection (4), until the appeal is finally determined or abandoned.

(4) A road freight operator aggrieved by the decision to revoke or suspend his
road freight operator's licence under [this section] may, within twenty-eight
days from the service of the notice under subsection (3), appeal to the county
court, giving notice of the appeal to the Ministry.

(5) On an appeal under subsection (4) 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.

S.30 rep. by SLR 1976

Records of licences.

© 1967 Crown Copyright

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