Public Passenger Vehicles Act 1981

• (4) A notice is deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the transport manager at the transport manager’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the transport manager.

7B

• (1) In proceedings under this Act or the 2009 Regulation for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.

• (2) If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.

• (3) While a disqualification under sub-paragraph (2) is in force—

• (a) the person may not act as transport manager for any road transport undertaking;

• (b) a certificate issued to the person under Article 8.8 of the 2009 Regulation or the 2009 Regulation (EU) (certificate of professional competence) is not valid.

• (4) A person in respect of whom an order has been made under sub-paragraph (2) may appeal to the Upper Tribunal against the order.

• (5) The traffic commissioner may direct that an order under sub-paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.

• (6) If the traffic commissioner refuses to give a direction under sub-paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.

7C

• (1) A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2) or, with the consent of the disqualified person, vary the order.

• (2) The traffic commissioner by whom a disqualification order is made under paragraph 7B(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

• (3) Measures specified under sub-paragraph (2) may be varied by the traffic commissioner who made the order or another traffic commissioner —

• (a) on the application of the disqualified person, or

• (b) at the instigation of the traffic commissioner.

• (4) Before a variation is made under sub-paragraph (3)(b), a notice must be served on the disqualified person—

• (a) stating an intention to vary the measures specified under sub-paragraph (2),

• (b) stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and

• (c) stating that the person is entitled to request an inquiry as provided in section 54.

• (5) Where a person makes representations under this sub-paragraph, the traffic commissioner dealing with the matter must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2).

• (6) The traffic commissioner must hold an inquiry as provided in section 54 if the disqualified person requests one under sub-paragraph (4)(c).

• (7) A notice is deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.

Guidance to senior traffic commissioner by Secretary of State

Certificate of initial fitness (or equivalent) required for use as public service vehicles.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of references in other Acts etc. to public service vehicles, licensing authorities etc.

Deputy traffic commissioners for England and Wales

2A

• (1) The Secretary of State may appoint such number of persons to be deputy traffic commissioners for England and Wales as the Secretary of State thinks fit.

• (2) A deputy traffic commissioner for England and Wales—

• (a) may exercise any functions of a traffic commissioner in any traffic area in England and Wales; and

• (b) may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters.

• (3) Appointment as a deputy traffic commissioner for England and Wales shall be upon such terms and conditions, including conditions as to the time to be devoted to the duties of the office, as the Secretary of State may determine.

• (4) A deputy traffic commissioner for England and Wales shall carry out such of the functions of that office as the senior traffic commissioner may determine under section 4B of this Act—

• (a) in relation to such matters relating to England and Wales, or

• (b) as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may so determine.

• (5) A deputy traffic commissioner for England and Wales shall carry out such of those functions as the senior traffic commissioner may determine under section 4B of this Act at such places—

• (a) in England and Wales, or

• (b) in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may so determine.

• (6) In this paragraph “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.

2B

Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic Area only.

Appointment of acting traffic commissioner during vacancy

5A

• (1) Where the office of any traffic commissioner for England and Wales becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as a traffic commissioner for England and Wales pending the appointment of a new traffic commissioner under section 4 of this Act.

• (2) Any person appointed under sub-paragraph (1) above shall—

• (a) hold office for such period as the Secretary of State specifies when making the appointment; and

• (b) during that period be treated for all purposes (except those of paragraph 9 below) as a traffic commissioner for England and Wales.