Some relevant legislation
3. Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) sets out a general rule 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. Section 3 of the Act provides for the granting of standard licence or a restricted licence. Section 13A of the Act contains requirements for standard licences and included is a requirement that an applicant for such a licence “has appropriate financial standing (as determined in accordance with paragraphs 6A of Schedule 3)”. Section 13B contains requirements for restricted licences. Section 13C contains further requirements for both standard and restricted licences. Section 13(2) of the Act provides:(2) On an application for a restricted licence a Traffic Commissioner must consider –(a) whether the requirements of Section 13B and 13C are satisfied, and(b) if the commissioner thinks fit, whether the requirement of section 13D is satisfied.4. Section 13D provides:
- DECISION OF THE UPPER TRIBUNAL
- SUBJECT MATTER
- CASES REFERRED TO
- Introduction
- Some relevant legislation
- “13D. Further requirements for standard and restricted licences
- The background and the TC’s decision
- The grounds of appeal to the Upper Tribunal
- Our approach on an appeal such as this
- Our reasoning on the appeal
- Member of the Upper Tribunal