43Cancellation and suspension of authorisation

43 Cancellation and suspension of authorisation

(1)  The Commission may cancel or suspend the authorisation of a regular passenger service if it is satisfied on reasonable grounds that –

(a) the service is not being operated in accordance with the authorisation; or

(b) the service operator has contravened the conditions of the authorisation, if any, in a material way (or caused or allowed other persons to do so); or

(c) the service is being discontinued or has not operated for 3 months; or

(d) the service operator has failed to pay prescribed fees relevant to the authorisation after due demand has been made for their payment; or

(e) the service operator has failed to furnish the Commission with information it reasonably requires in relation to the authorisation after due demand has been made for that information; or

(f) there are other compelling reasons for the cancellation or suspension.

(2)  Unless the Commission reasonably apprehends that it needs to act speedily because of a threat to public safety, it is not to exercise its power under subsection (1) without giving the service operator notice of its intention, together with reasons, and a reasonable opportunity to be heard.

(3)  If the Commission cancels or suspends an authorisation, it is to notify the service operator of the cancellation or suspension and, in a case to which subsection (1) applies, the service operator's rights of review.

(4)  Apart from the requirement to pay continuity fees, an authorisation is not in force while it is suspended.

(5)  The Commission may revoke the suspension of an authorisation at any time if it is satisfied that the suspension is no longer merited.