[2023] UKUT 230 (AAC)

Clearly by the time of the Traffic Commissioner’s decision, the operator had not taken adequate steps to ensure compliance, for the reasons the Traffic Commissioner gave. If it has done so subsequently (and there is no evidence of that before us), such improvements are not circumstances existing at the time of the Traffic Commissioner’s decision and the Upper Tribunal is precluded by Transport Act 1985, sch.4, para 17 (3) from taking them into account.