[2023] UKUT 230 (AAC)

As noted above, it is undisputed that the change of operating centre had not, in fact, been authorised and the question is about the weight given by the Traffic Commissioner to the issue. She took the view (possibly generous to the operator) that a fee may have been paid, but gave weight to the prolonged failure by Mr Hassan to check if there was an extant application. Mr Hassan’s case on this issue was doubtless not helped by the Traffic Commissioner’s conclusions on his approach to compliance generally. She also drew attention to the significance of unauthorised use of an operating centre, reflected in it being a criminal offence under section 7 of the Act. Even if the operator did make the assumption referred to in the grounds of appeal, that does not excuse the failure to check, or to follow-up, for such a prolonged period about such an important matter.