A178
Ord. No. 45/77
Hearing to show cause why vehicle licence should not be
suspended.
Decision of Tribunal.
ROAD TRAFFIC (AMENDMENT) (NO. 2)
(ii) apply in writing to the Commissioner for a hearing before a Transport Tribunal to show cause why the Tribunal should not suspend the licence of the motor vehicle.
(3) If the driver of the motor vehicle appeals against his conviction, the notice served under subsection (1) shall be of no effect, and, if the appeal is abandoned or the conviction is not quashed on the appeal, a further notice in accordance with this section shall be served
on the registered owner of the motor vehicle within 14 days after the appeal was abandoned or finally determined.
26G. (1) As soon as practicable after he receives an application from the registered owner of a motor vehicle for a hearing before a Transport Tribunal, the Commis- sioner shall cause a notice to be served on the owner specifying the place where, time when and date on which he may appear before a Transport Tribunal to show cause why the Tribunal should not suspend the licence of the motor vehicle.
(2) The Commissioner shall, so far as practicable, ensure that the date of the hearing before the Transport Tribunal is not less than 10 days nor more than 30 days after the date of the notice served on the registered owner under subsection (1).
(3) A Transport Tribunal may postpone a hearing if it thinks fit and where a hearing is postponed, the Commis- sioner shall cause a notice to be served on the registered owner specifying the date to which the hearing has been postponed.
(4) If the registered owner of a motor vehicle does not appear before the Transport Tribunal on the date of the hearing notified to him in a notice under subsection (1) or (3), his application for a hearing shall be deemed to have been withdrawn.
26H. (1) After considering-
(a) any evidence received by it at a hearing, whether tendered on behalf of the registered owner of the motor vehicle or otherwise, and any representations made by or on behalf of the registered owner at the hearing; or
(b) representations in writing made by or on behalf of
the registered owner of the motor vehicle,
the Transport Tribunal shall determine whether or not the registered owner has shown cause why the Tribunal should not suspend the licence of the motor vehicle.
(2) The decision of the Transport Tribunal under sub- section (1) shall be final.
(3) If the Transport Tribunal decides that the registered owner has shown cause why the Tribunal should not suspend the licence of the motor vehicle the Commissioner shall notify the registered owner accordingly.