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CAP. 374]

Road Traffic

[1989 Ed.

(b) refuses to license a vehicle or cancels a licence under section 25 or 26;

(c) refuses to issue a passenger service licence under section 29 or cancels, suspends or varies a passenger service licence under section 31,

the applicant or the holder of the licence may, within 21 days of being notified of the decision of the Commissioner, apply in writing to the Commissioner for a review of the Commissioner's decision by a Transport Tribunal.

(2) This section shall not apply where the Commissioner-

(a) refuses to register a motor vehicle under section 24(1)(d) or (e); (b) refuses to license or cancels a motor vehicle licence under section 25(1)(ii).

34. Practice and procedure on review

(1) On receipt of an application under section 33 the Commissioner shall fix a time and place for the review and shall give 14 clear days' notice thereof to the applicant.

(2) The Commissioner shall, so far as practicable, ensure that the date of the review is not more than 30 days after the date of service of the notice under subsection (1).

(3) A Transport Tribunal may postpone a review if it thinks fit and where a review is postponed the Commissioner shall cause a notice to be served on the applicant specifying the date to which the review has been postponed.

(4) If an applicant or his authorized representative-

(a) does not appear before the Transport Tribunal on the date of the review notified to him in a notice under subsection (1) or (3); or

(b) makes no written representations,

the application for a review shall be deemed to have been withdrawn.

35. Determination of review

(1) On a review a Transport Tribunal shall consider-

(a) any evidence received by it, whether tendered on behalf of the applicant or otherwise, which it considers relevant to the review;

(b) any representations made by or on behalf of the applicant, whether orally or in writing;

(c) any representations made by or on behalf of the Commissioner, whether orally or in writing.

(2) The Transport Tribunal may confirm or reverse a decision of the Commissioner under section 24, 25 or 26 and may confirm, reverse or vary a decision of the Commissioner under section 29 or 31.

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