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NCN:[2024] UKUT 226 (AAC)
IN THE UPPER TRIBUNAL Appeal No. UA-2023-001108-T
(ADMINISTRATIVE APPEALS CHAMBER)
TRAFFIC COMMISSIONER APPEALS
ON APPEAL from a DECISION of the DEPUTY TRAFFIC COMMISSIONER for Scotland
Before: Ms L. Joanne Smith: Judge of the Upper Tribunal
Mr D. Rawsthorn: Member of the Upper Tribunal
Mr M. Smith: Member of the Upper Tribunal
Appellant: John Stuart Strachan t/a Strachan Haulage
Respondent: Traffic Commissioner for Scotland
Reference No: OM29162
Decision under appeal: 14 July 2023
Heard at: Employment Appeal Tribunal Building, Edinburgh
Date of Hearing: 16 April 2024
Date of Decision: 31 July 2024 (Corrected under Rule 42 of the Rules on 29 August 2024)
DECISION OF THE UPPER TRIBUNAL
- 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