![[2024] UKUT 226 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Conclusions
Conclusion
We find, overall, that for the reasons outlined above, the decisions of the DTC dated 14 July 2023 are correct save for the duration of the periods of disqualification from holding an operator’s licence and from acting as transport manager. We therefore allow the appeal on those limited grounds.
In accordance with paragraph 17(2)(a) of Schedule 4 to the Transport Act 1985, and in light of the fact that we have sufficient findings of fact and heard representations regarding the duration of the disqualifications at the appeal hearing, we re-make the disqualification orders as set out on the front page of this decision.
L. Joanne Smith
Judge of the Upper Tribunal
Mr D. Rawsthorn
Member of the Upper Tribunal
Mr M. Smith
Member of the Upper Tribunal
(Authorised for issue on)
29 August 2024
- Heading
- The appeal is ALLOWED IN PART The orders of the Deputy Traffic Commissioner dated 14 July 2023 are confirmed except for the orders of disqualification from holding an operator’s licence and from acting as transport manager, which
- The above orders are to take effect from 2359hrs on 16 September 2023, in line with the other orders of the Deputy Traffic Commissioner made on 14 July 2023
- Background
- The DVSA evidence at the Public Inquiry
- The Appellant’s case at the Public Inquiry
- The decision of the DTC
- Grounds of appeal
- The appeal hearing
- The Law
- Discussion and decision of the Upper Tribunal
- The “user” of the vehicles
- Revocation of the operator’s licence
- Disqualification from holding an operator’s licence
- Disqualification from acting as a transport manager
- Duration of the disqualifications
- Conclusions