Section 119 — Road Traffic Act 1988: Appeals to magistrates’ court or sheriff

Appeals to magistrates’ court or sheriff 119 1 A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence or the holder of a LGV Community licence or a PCV Community licence , is aggrieved by the Secretary of State’s—

a refusal or failure to grant such a licence in pursuance of section 112 or 113(4) of this Act, b suspension or revocation of such a licence in pursuance of section 115 or 116(4) of this Act, or c ordering of disqualification under section 117(2) or 117A(2) of this Act, or by a notice served on him in pursuance of section 115A(1) or 116(4) of this Act may, after giving to the Secretary of State and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter notice of his intention to do so, appeal to a magistrates’ court . . . or, in Scotland, to the sheriff within whose jurisdiction the holder of or applicant for the licence resides.

2 On any appeal under subsection (1) above (except under paragraph (c) of that subsection) the Secretary of State and, if the matter was referred to a traffic commissioner, the commissioner dealing with the matter shall be respondent.

3 On any appeal under subsection (1) above the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.