Road Transport Act 2011
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Minister to consider certain convictions. |
4.— (1) In determining whether an operator has satisfied or continues to satisfy the requirement of good repute the Minister may consider whether or not— | |
(a) the operator, | ||
(b) a person who holds a specified position, | ||
(c) a shadow operator, or | ||
(d) in the case of a road passenger transport operator, a driver with that operator, | ||
has been convicted of an offence specified in section 2 (1). | ||
(2) Where a person to whom subsection (1) relates has been convicted of an offence referred to in that subsection the Minister shall consider— | ||
(a) the nature of the offence, | ||
(b) whether the conviction is one of a number of convictions for the same or different offences, | ||
(c) any penalty or sentence suffered on foot of the conviction, | ||
(d) any disqualification or forfeiture imposed on foot of the conviction, and | ||
(e) whether or not the offence was committed in the course of, or connected with, a road transport business, | ||
and where the Minister determines that it would not be a disproportionate response, the Minister may determine that the requirement of good repute is no longer satisfied and may, where the operator is— | ||
(i) an applicant for an operator’s licence, refuse the application, or | ||
(ii) the holder of an operator’s licence, withdraw or suspend the operator’s licence. |