Suspension or cancellation of permission

Suspension or cancellation of a permission is one of the strongest enforcement measures available.

It will only be used as a last resort where:

  • The public interest in protecting transport safety requires the complete cessation of the permitted activity 
  • The permission holder has seriously breached relevant transport safety law. The factors to be taken into account in determining this include:
    • The gravity of the risk to safety the breach(es) produced, and in particular the potential or actual serious injury or fatality caused
    • The broader repercussions of the breach on other duty-holders or the public if not adequately addressed
    • The level of motivation / capacity to comply, history of breach
    • Whether the breach is isolated or reflects more systematic safety deficiencies
    • Any aggravating circumstances, for example an attempt to conceal the act / omission
  • No other regulatory tool could be used to effectively address the breach(es) or risk to safety, that is, whether safety can still be ensured if other tools are used
  • The potential impact of the suspension/ cancellation is proportionate to the risk created
  • The proposed level of intervention is fair and reasonable in the circumstances.