The Presiding Officer’s summary decision
The Presiding Officer’s summary decision
The Presiding Officer’s decision is dated 31 May 2023 and was 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.’
An appeal against the decision of the Presiding Officer was received in the office of the Administrative Appeals Chamber (AAC) of the Upper Tribunal on 9 June 2023. Included in the application was a further application of a stay of the decision of the Presiding Officer.
The application for a stay was refused by the Presiding Officer on 25 June 2023. The application for a stay was then reconsidered by Upper Tribunal Judge Hemingway and in a determination dated 27 June 2023 he refused it.
- 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
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