DECISION OF THE UPPER TRIBUNAL
IN THE UPPER TRIBUNALAppeal No. UA-2022-000083-TADMINISTRATIVE APPEALS CHAMBER(TRAFFIC COMMISSIONER APPEALS)ON APPEAL from a DECISION of the TRAFFIC COMMISSIONER for the WEST MIDLANDS TRAFFIC AREABefore: M Hemingway: Judge of the Upper Tribunal D Rawsthorn: Member of the Upper Tribunal K Pepperell: Member of the Upper TribunalAppellant: REL Haulage LimitedReference No: OF2044513RepresentationFor the appellant: Mr S Clarke (Counsel)Heard at: LondonDate of Hearing: 12 October 2022DECISION OF THE UPPER TRIBUNALThis appeal to the Upper Tribunal is allowed. The decision of the Traffic Commissioner for the West Midlands Traffic Area, refusing the appellants application for a standard national goods vehicle operator’s licence made on 7 January 2022, is set aside. The case is remitted for reconsideration at a public inquiry which shall take place before a different Traffic Commissioner to the one who decided the case on 7 January 2022.
- DECISION OF THE UPPER TRIBUNAL
- Cases referred to
- Introduction
- Factual and procedural background
- Some relevant legislative provisions
- The TC’s decision and his reasoning
- Considerations, findings and decisions
- The lodging of the appeal to the Upper Tribunal and some preliminary matters
- The hearing of the appeal
- Our approach to the appeal
- Our reasoning on the appeal
- Applications for operators’ licences
- Information to be given under section 8
- Disposal