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DONALD v TRAFFIC COMMISSIONER

机译:DONALD v TRAFFIC COMMISSIONER

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摘要

Paragraph 14A(1) of Sch.3 to the Goods Vehicles (Licensing of Operators) Act 1995 provides: "A transport manager must be-(a) a resident of the United Kingdom, (b) of good repute (as determined in accordance with paras 1 to 5), (c) professionally competent (as determined in accordance with para. 13), and (d) able to manage effectively and continuously the operator's transport service." Paragraph 16 provides: "(1) In proceedings under this Act ... 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."

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