Introduction
1.This appeal to the Upper Tribunal has been brought by REL Haulage Limited (“the appellant company”). The appeal is directed towards a decision of the Traffic Commissioner (“the TC”) explained in written reasons of 7 January 2022, to refuse its application for a standard national goods vehicle operator’s licence.2.We considered the appeal at an oral hearing which took place at Field House in London on 12 October 2022. The appellant company was represented, at that hearing, by Mr S Clarke of Counsel. We are grateful to Mr Clarke for his helpful and straightforward submissions and for the documentation which he prepared. As to that, at the substantive hearing of the appeal, we had an Upper Tribunal bundle consisting of 990 pages. That material was supplemented by a skeleton argument of 6 October 2022, signed statements of one Andrew Pervis Scott and one Adam Lewis (both of which are dated 7 July 2022) and some case law. We were not asked to and did not hear oral evidence from either Mr Scott or Mr Lewis. After the hearing we reserved our decision to enable us to consider the various arguments which Mr Clarke had raised before us.
- 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