§ Lords amendments No. 55 agreed to.
Lords amendment: No. 56, in page 29, line 25, at end insert—
(5A) Where a traffic commissioner has given a direction under subsection (5) above he may withdraw it at any time.
§ Mr. David Mitchell
I beg to move, That this House doth agree with the Lords in the said amendment.
§ No. 57. in page 29, line 27, after "above" insert "or withdraws such a direction".
§ No. 58, in page 29, line 28, leave out second "it" and insert "such a direction".
§ No. 59, in page 29, line 31. leave out "Subsections (3) to (7) above do" and insert "This section does".
§ No. 60, in page 29, line 35, leave out from beginning to end of line 43.
No. 61, in page 30, line 9, leave out from beginning to "may" in line 13 and insert—
(2) Where the refusal by a certifying officer or public service vehicle examiner to remove a prohibition under subsection (1) of section 9 of this Act (including a prohibition under that subsection as it applies by virtue of section 9A of this Act) has been referred to a certifying officer ("the referee") under subsection (8) of that section by a traffic commissioner, any person aggrieved by the refusal of the referee to remove the prohibition".
§ No. 62, in page 30, line 24, leave out from "officer" to "for" in line 25.
No. 63, in page 30, line 26, leave out
or public service vehicle examiner".
No. 375, in schedule 6, page 148, line 4, at end insert—
(2A) In section 9 (power to prohibit driving of unfit public service vehicles), in subsection (8), after the word "examiner", in the second place where it occurs, there shall be inserted the words "or certifying officer" and for the words "by a certifying officer and" there shall be substituted—
§ Mr. Mitchell
This is a group of amendments to the clause which deals with appeals. The main change that the clause makes to the present law is to transfer appeals relating to PSV operators' licences from the Secretary of State to the transport tribunal. The amendments remove a right of appeal because a traffic commissioner has not reached a decision in a reasonable time. That was ill-defined and could have caused a tribunal much trouble.
The amendments also disapply anything relating to traffic regulation conditions, appeals on which go to the Secretary of State under clause 9. They also give the traffic commissioner the right to withdraw any stay of execution that he has granted pending an appeal, so that if one is withdrawn the operator affected can apply to the tribunal to have it granted.
881 Finally, the amendments tidy up the relationship between this clause and section 9 of the 1981 Act as to appeals against refusals to remove prohibitions on vehicles.
These are tidying-up amendments and do not represent any major change in policy.
§ Question put and agreed to.
§ Lords amendments Nos. 57 to 64 agreed to.