Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 44 (AAC)

Fecha: 06-Sep-2021

“Road transport offence” means—

(a)

an offence under the law of any part of the United Kingdom relating to road transport including, in particular—

(i)

an offence relating to drivers' hours of work or rest periods, the weights or dimensions of commercial vehicles, road or vehicle safety or the protection of the environment; and

(ii)

any other offence concerning professional liability;

(b)

any corresponding offence under the law of a country or territory outside the United Kingdom.

Further provisions for the purposes of regulations 5 to 8

9.— For the purposes of regulations 5 to 8—

(a)

convictions which are spent for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be disregarded; and

(b)

the Department may also disregard an offence—

(i)

if such time as the Department thinks appropriate has elapsed since the date of the conviction; or

(ii)

if the Department, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response.

(2)

In determining the good repute of a transport manager under regulation 13A(1)(b) regulations 5 to 9 shall apply as they apply to an individual with the omission of the words “or any other relevant person”.