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.