The Law
15.Applications for the grant and variation of Public Service Vehicle (PSV) licences can be only granted by the TC if various conditions are satisfied under section 14ZA of the Act. If these conditions are no longer satisfied, then the licence must be revoked under section 17 of the Act. The sections provide relevantly as follows:14ZA.Requirements for standard licences(1)The requirements of this section are set out in subsections (2) and (3).(2)The first requirement is that the traffic commissioner is satisfied that the applicant—(a)has an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation),(b)is of good repute (as determined in accordance with paragraph 1 of Schedule 3),(c)has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and(d)is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).(3)The second requirement is that the traffic commissioner is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—(a)is of good repute (as determined in accordance with paragraph 1 of Schedule 3),(b)is professionally competent (as determined in accordance with paragraph 6 of Schedule 3), and(c)in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—(i)is not prohibited from being so designated by a traffic commissioner, and(ii)is not designated to act as transport manager for a greater number of road transport operators or in respect of a greater number of vehicles than the traffic commissioner considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the commissioner considers appropriate (see Article 4.3 of the 2009 Regulation).17Revocation, suspension etc. of licences.(1)[F2A traffic commissioner must revoke a standard] licence if it appears to the commissioner at any time that—(a)the holder no longer satisfies the requirements of section 14ZA(2), or(b)the transport manager designated in accordance with Article 4 of the 2009 Regulation no longer satisfies the requirements of section 14ZA(3).
- DECISION OF THE UPPER TRIBUNAL
- Subject matter
- The Appeal
- The TC’s decision
- that you appear never to have operated this licence with evidence of no specified vehicles, no vehicles presented for MOT and the operating centre being deserted. [Emphasis Added]
- The Grounds of Appeal
- The Hearing and the Appellants’ submissions
- The Law
- ……….
- Our Decision
- Judge Rupert Jones
