[2024] UKUT 292 (AAC)

Section 13(2) of the Goods Vehicles (Licensing of Operators) Act 1995 provides that, on an application for a restricted operator’s licence, the Traffic Commissioner must consider whether the requirements of sections 13B and 13C are satisfied and, if the commissioner thinks fit, whether the requirements of section 13D are satisfied.

Section 13(5) of the 1995 Act provides as follow:

“(5)

If the traffic commissioner determines that any of the requirements that the commissioner has taken into consideration in accordance with subsection…(2) are not satisfied, the commissioner must refuse the application.”

Section 13B of the 1995 Act refers to an applicant being unfit by reason of certain notifiable activities and convictions.

Section 13C of the 1995 Act requires (amongst other things) satisfactory arrangements for compliance with drivers’ hours rules and to prevent overloading, and satisfactory arrangements and facilities for maintaining vehicles in a fit and serviceable condition.

Section 13D of the 1995 Act requires that the provision of facilities and arrangements for vehicle maintenance are not prejudiced by the applicant having insufficient financial resources.