Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 312 (AAC)

Fecha: 31-May-2023

Section 1

IT IS HEREBY ORDERED that this appeal is ALLOWED and we have substituted our own decision for that of the Presiding Officer (PO). Our substituted decision is set out in paragraph 49 below

SUBJECT MATTER:- Revocation; loss of repute as operator an transport manager; financial standing; disqualification; procedural unfairness at a Public Inquiry

CASES REFERRED TO:- NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI; Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport [2010] EWCA Civ. 695; Nolan Transport v VOSA & Secretary of State for Transport (T/2011/60)

REASONS FOR DECISION

This is an appeal from the decision of a Presiding Officer (PO) of the Transport Regulation Unit (‘TRU’) dated 31 May 2023 in the following terms:

‘1. The licence ON1113939 in the name of (the Appellant) is revoked with effect from 14th July 2023.

The repute of (the Appellant) as a transport manager is lost and he is disqualified from acting as a transport manager indefinitely, with effect from 14th July 2023. As a rehabilitation measure, before acting as a transport manager again, (the Appellant) is required to secure a new Certificate of Professional Competence.

(The Appellant) is disqualified from holding or applying for an Operator’s Licence for 12 months with effect from 14th July 2023.’

The TRU is part of the Department for Infrastructure (‘the Department’).