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Conclusions
Our substituted decision
Our substituted decision is as follows:
The decision of the PO is set aside.
The Appellant’s repute as an operator and as a transport manager is restored
Before acting as a transport manager again, the Appellant is required to secure a new Certificate of Professional Competence (CPC)
The Appellant’s Standard International goods vehicle operator’s licence is restored subject to the following conditions:
Before operating again, the Appellant is to employ a new Transport Manager and is to supply the name of the new TM to the Head of the TRU for his approval.
The Appellant’s licence is curtailed to authorisation for 3 vehicles and 3 trailers.
Kenneth Mullan, Judge of the Upper Tribunal,
25 September 2024
- Heading
- Section 1
- Background
- The call to the Public Inquiry (PI)
- The Presiding Officer’s summary decision
- The PO’s findings on the evidence
- The PO’s reasoning
- The initial grounds of appeal
- The oral hearing before the Upper Tribunal
- General principles on the operation of the Act and Regulations
- The proper approach on appeal to the Upper Tribunal
- Analysis
- Substantive issue
- Conclusions