1964_ROAD_TRAFFIC_ORDINANCE_2 — Page 34

1989 Ed.]

Road Traffic

[CAP. 374

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(3) An inquiry may be postponed if the officer conducting it thinks fit and where an inquiry is postponed the officer shall cause a notice to be served on the licensee specifying the date to which the inquiry has been postponed.

(4) At an inquiry the officer conducting the inquiry shall consider-

(a) any evidence received by him, whether tendered on behalf of the licensee or otherwise, and any representations made by or on behalf of the licensee or otherwise;

(b) representations in writing by or on behalf of the licensee.

31. Commissioner's power to cancel, suspend or vary a passenger service licence

If after considering the report of an officer who has conducted an inquiry under section 30 the Commissioner is satisfied as to the matters set out in subsection (1)(a) or (b) of that section he may

(a) suspend or cancel the passenger service licence;

(b) suspend or cancel the passenger service licence in respect of particular vehicles; or

(c) vary the passenger service licence in respect of-

(i) routes;

(ii) approved purposes;

(iii) the number of vehicles included in the licence,

and shall notify the licensee of his decision.

32. Effective date of a cancellation, suspension or variation

(1) Subject to subsection (2), a cancellation, suspension or variation under section 31 shall come into effect 21 days from the date of notification to the licensee.

(2) If a licensee applies for a review of the Commissioner's decision by a Transport Tribunal under section 33, a cancellation, suspension or variation shall not take effect pending the review, and shall take effect-

(a) where the application for the review is deemed to have been withdrawn under section 34(4); or

(b) where the cancellation, suspension or variation is confirmed or varied by a Transport Tribunal under section 35(2),

on such date as the Commissioner shall specify in a notice served on the licensee.

33. Right of review of Commissioner's determination under section 24, 25, 26, 29 or 31

(1) Subject to subsection (2), where the Commissioner-

(a) refuses to register a vehicle under section 24 or 26;