Section 116 — Road Traffic Act 1988: Revocation or suspension of licences: referral of matters of conduct to traffic commissioners.

Revocation or suspension of licences: referral of matters of conduct to traffic commissioners. 116 1 Any question arising—

a under section 115(1)(b) of this Act as to whether a person is or is not, by reason of his conduct, fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, or b under section 115A(1)(b) of this Act as to whether the holder of a LGV Community licence or PCV Community licence is or is not, by reason of his conduct, fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be), may be referred by the Secretary of State to a traffic commissioner .

2 Where, on any reference under subsection (1)(a) above, a traffic commissioner determines that the holder of the licence is not fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, he shall also determine whether the conduct of the holder of the licence is such as to require the revocation of his licence or only its suspension; and, if the former, whether the holder of the licence should be disqualified under section 117(2)(a) of this Act (and, if so, for what period) or under section 117(2)(b) of this Act. 2A Where, on any reference under subsection (1)(b) above, a traffic commissioner determines that a Community licence holder is not fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be), he shall also determine whether the Community licence holder—

a should be disqualified under section 117A(2)(a) of this Act (and, if so, for what period) or under section 117A(2)(b) of this Act, or b should be granted, free of charge, a large goods vehicle or passenger-carrying vehicle driver’s licence (and, if so, from what date it shall take effect).

3 A traffic commissioner dealing with a reference under subsection (1) above may require the holder of the licence to furnish the commissioner with such information as he may require and may, by notice to the holder, require him to attend before the commissioner at the time and place specified by the commissioner to furnish the information and to answer such questions (if any) relating to the subject matter of the reference as the commissioner may put to him.

4 If the holder of the licence fails without reasonable excuse to furnish information to or to attend before or answer questions properly put by a commissioner when required to do so under subsection (3) above, the commissioner dealing with the reference may notify the failure to the a in a case where the licence in question is a LGV Community licence or a PCV Community licence, the holder shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods or passenger-carrying vehicle (as the case may be) from such date as is specified in a notice served on the holder by the Secretary of State;

and b in any other case, revoke the licence or suspend it for such period as he thinks fit.

5 Except where he has given such a notification as is mentioned in subsection (4) above, a traffic commissioner dealing with a reference under subsection (1) above shall notify his determination in the matter to the Secretary of State and the holder of the licence and the decision of the commissioner shall be binding on the Secretary of State.

6 Where the Secretary of State, without making such a reference, determines to revoke or suspend a person’s licence under section 115(1) of this Act he shall notify his determination in the matter to the holder of the licence and, where he suspends it, to a traffic commissioner .