| Taxi Driver Online http://taxi-driver.co.uk/phpBB2/ |
|
| suspension or revocation of license http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=3088 |
Page 1 of 1 |
| Author: | JD [ Mon Jan 16, 2006 9:08 pm ] |
| Post subject: | suspension or revocation of license |
Suspension and revocation of vehicle licences. Notwithstanding anything in the Town Police Clauses Act 1847 or in Part II of the Local Government (Miscellaneous Provisions) Act 1976, a district council for an area to which Part II of the Local Government (Miscellaneous Provisions) Act 1976 applies may suspend or revoke or on an application therefor refuse to renew a vehicle licence on any of the following grounds: * (1) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle; * (2) that any offence under, or non-compliance with, the provisions of the Town Police Clauses Act 1847 or of Part II of the Local Government (Miscellaneous Provisions) Act 1976 by the operator or driver has been committed; or * (3) any other reasonable cause. Where a district council so suspends, revokes or refuses to renew any licence it must give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which it has refused to renew the licence within 14 days of such suspension, revocation or refusal. Any proprietor aggrieved by a decision of a district council under this provision may appeal to a magistrates' court. 1 As to the revocation of vehicle licences under the Town Police Clauses Act 1847 s 50 see para 1095 note 3 post.2 Ie the Local Government (Miscellaneous Provisions) Act 1976 Pt II (ss 45–80) (as amended).3 As to the application of ibid Pt II (as amended) see para 1054 ante. As to the meaning of 'district council' see para 1054 note 5 ante.4 Ie on application under the Town Police Clauses Act 1847 s 40 (as amended) (see para 1057 ante) or the Local Government (Miscellaneous Provisions) Act 1976 s 48 (as amended) (see para 1069 ante).5 For the meaning of 'vehicle licence' see para 1068 note 6 ante.6 Local Government (Miscellaneous Provisions) Act 1976 s 60(1).7 For the meaning of 'hackney carriage' see para 1055 ante.8 For the meaning of 'private hire vehicle' see para 1063 note 5 ante.9 Local Government (Miscellaneous Provisions) Act 1976 s 60(1)(a).10 Ibid s 60(1)(b).11 Ibid s 60(1)(c).12 For the meaning of 'proprietor' see para 1068 note 3 ante.13 Local Government (Miscellaneous Provisions) Act 1976 s 60(2).14 Ibid s 60(3). See also MAGISTRATES. UPDATE Suspension and revocation of vehicle licences note 11—The words 'any other reasonable cause' give a district council a wide discretion in deciding whether to suspend a vehicle licence and indicate that something other than a criminal conviction would justify a suspension: Leeds CC v Hussain [2002] EWHC 1145 Admin, [2003] RTR 13. |
|
| Page 1 of 1 | All times are UTC [ DST ] |
| Powered by phpBB® Forum Software © phpBB Group http://www.phpbb.com/ |
|