HC Deb 29 October 1985 vol 84 c879

Lords amendment: No. 48, in page 25, line 27, leave out "shall not" and insert "may"

Mr. David Mitchell

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to discuss Lords amendment No. 49, in page 25, line 29, leave out from "subsection" to second "or" in line 31 and insert if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct".

Mr. Mitchell

Under the clause as drafted the traffic commissioner may attach conditions preventing an operator from running local services in future if he has broken the registration rules, but he may do so only if the operator's conduct was intentional, reckless, dangerous or frequent. The amendment substitutes the words "without reasonable excuse" for "intentional or reckless". "Intentional or reckless" was taken from the 1981 Act, where it qualifies the circumstances in which a road service licence may be revoked because of breaches of conditions by operators. "Without reasonable excuse" is used in the clause which deals with loss of fuel duty rebate for contravention of registration rules, and is more modern and appropriate.

Question put and agreed to.

Lords amendments Nos. 49 and 50 agreed to.

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