[2024] UKUT 226 (AAC)

The Appellant was granted a Standard National Operator’s Licence (the “licence”) on 21 February 1996 which originally authorised eight vehicles and eight trailers. As of the date of the Public Inquiry (“PI”) in this matter, the Appellant’s licence authorised the use of three vehicles and four trailers. He was the nominated transport manager on the licence at all times. His business is known as Strachan Haulage.

The Appellant was subject to DVSA vehicle roadworthiness and maintenance investigations in 2004 and 2005 which led to warning letters from the Office of the Traffic Commissioner (“OTC”). He subsequently attended two PIs and two Senior Team Leader (“STL”) interviews in respect of his licence. The first PI took place on 14 February 2008, after receiving an “S” marked prohibition in 2007. Following this, the Appellant was issued with a formal warning with regard to maintenance. He also accepted an undertaking to sit the CPC examination, and to be responsible for safety inspections and maintenance of all vehicles and trailers through one maintenance provider. He completed his CPC qualification in January 2010.

The Appellant was involved in a STL interview on 10 June 2010 after which he was issued another formal warning due to an “S” marked prohibition and adverse maintenance investigation. In June 2012, a further prohibition led to a an adverse DVSA maintenance investigation. This led to a second STL interview on 9 May 2013, after which the Appellant was issued with a final warning regarding maintenance and informed that further adverse matters might be considered at a PI.

A second PI took place on 21 August 2018 following allegations that the Appellant had been operating in excess of his authorisation, and that drivers were working excessive hours, pooling their driver’s cards and had more than one card each. On 18 February 2019, the Traffic Commissioner determined that between 2015 and 2018 the allegations were made out, and the Appellant’s operator’s licence was curtailed from eight vehicles and eight trailers to the current authorisation of three vehicles and four trailers. The Appellant was prohibited from applying for a variation of his licence to increase the authorisation for a period of two years. He was issued with the “severest warning” given to an operator or transport manager. The Appellant appealed that decision, and a stay was put in place pending the outcome of the appeal. The appeal was dismissed by the Upper Tribunal on 12 September 2019, with the Upper Tribunal directing that the curtailment of the Appellant’s licence would commence from 24 October 2019.

It should be noted that this second PI (in August 2018) was joined with a PI for Forth and Clyde Logistics Ltd (OM2051303) whose directors, Mr and Mrs Reid, were issued with a severe warning about the need to cooperate with the Driver and Vehicle Standards Agency (the “DVSA”). It was also joined with a PI for Mr Philip John Bett (OM2016859) and his transport manager, Liam Scott McLaughlin, all of whom are involved in the current matter before the Upper Tribunal.

In relation to this appeal, the Appellant was called to a PI (his third) by letter dated 26 January 2023, in respect of his role as both operator and transport manager. It was alleged that there was a licence borrowing/lending arrangement involving the Appellant, Mr Bett and Forth & Clyde Logistics, which provided a front for the Appellant to operate more vehicles than he was authorised on his own licence. There were also concerns regarding the Appellant’s maintenance arrangements (brake testing, driver defect reporting, maintenance arrangements not as declared, maintenance facilities not acceptable, and inspection frequency could not be demonstrated). The PI took place on 23 and 24 May 2023, and was joined with the connected PIs for Mr Bett (OM2016859), Mr McLaughlin (transport manager for Mr Bett), and Forth & Clyde Logistics Ltd (OM2015303). Only the Appellant and investigators from the DVSA attended the PI; neither Mr Bett, Mr McLaughlin nor any representative from Forth & Clyde Logistics attended.