The Law
10. Subject to specific exceptions which have no application here, section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) provides that no person shall use a goods vehicle on a road for the carriage of goods for hire or reward or for or in connection with any trade or business carried on by him except under a licence issued under the Act.11. Section 13C contains some requirements which must be met by applicants for both standard and restricted licences. Section 13C(5) provides as follows: “A heavy goods vehicles licence must specify at least one place in the traffic area concerned as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds)”.12. Thus, unless a proposed Operating Centre is both suitable and available, a licence will not be issued.
- DECISION OF THE UPPER TRIBUNAL
- Subject matter:
- Cases referred to:
- Introduction
- The Background Circumstances
- The Law
- The TC’s decision and reasoning
- The grounds of Appeal
- The Hearing
- The Upper Tribunal’s Approach
- Our analysis of the Grounds of Appeal
- Objections to, and representations against, issue of operator’s licences.
- Decision