![[2023] UKUT 210 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Background
Background
The appellants held a standard national goods vehicle operator’s licence (OM0034959) from 24 April 1996 until 12 October 2020 when it was revoked by Traffic Commissioner Claire Gilmore at a Public Inquiry (“PI”). Mr John Craig had been the nominated Transport Manager (“TM”) on the revoked licence.
The appellants were called to PI in 2020, because of the contents of a report by a DVSA Traffic Examiner (“TE”). As a result of the report, the Traffic Commissioner (“TC”) was concerned that the appellants had not honoured the undertakings signed up to when the licence was applied for, namely, (i) that they would observe the rules on drivers hours and tachographs and keep proper records; and (ii) that the TC would be immediately informed of any changes or convictions which affected the licence. Further, there was concern that since the licence had been issued there had been a material change in the circumstances of its holder. Because of these issues, the TC was concerned that the appellants may not have a stable establishment in the United Kingdom, be of good repute, be of the appropriate financial standing or meet the requirements of professional competence. There was also concern that the Transport Manager, Mr John Craig, might not be exercising continuous and effective management of the transport activities of the undertaking (Footnote: 1).
The call up letter summarised the evidence in the TE’s report:
On 7 June 2019, vehicle, BU06 LCF was stopped on the A9 and the driver was identified as Mr Craig. TE Haddow noted that the vehicle unit had not been downloaded since 19 January 2015, and that the vehicle was still locked onto the previous owner. The partnership was not in possession of a company card at the time of the stop. Multiple driver’s hours infringements were recorded against Mr Craig however, it was noted by the examiner that Mr Craig frequently left his card in the vehicle unit. An investigation by TE Cobban commenced on 3 September 2019. Several attempts were made by the TE to arrange an operator visit. A section 99 letter was issued to the operator on 9 December 2019, to which no response was received. Further letters were issued by examiner Cobban to the partnership and to the nominated transport manager on 7 January 2020 to which no response was received by 24 January 2020.
At the PI the licence was revoked as a result of failure to meet financial standing. By letter dated 2 December 2020 (Footnote: 2), the appellants were advised by the TC as follows:-
The Traffic Commissioner advised (at the PI) that she would retire and consider whether, having regard to the evidence before her, she should make any findings in relation to your repute as operator and transport manager.
The Traffic Commissioner had serious concerns in relation to your level of knowledge and understanding of the rules relating to driver’s hours. She was also concerned by the lack of importance you appeared to attach to your call to public inquiry, demonstrated by your failure to provide documentation which had been requested. These are both matters which are likely to impact on the repute of any operator or transport manager.
In balancing, however the commissioner noted that you had completed your CPC training some years ago. You had recently taken on all the responsibilities in the business and had not, as a result, had time to devote to refreshing your skills. She also noted your evidence that the James Craig and Son family business was long established with a good reputation in terms of health and safety and customer service. This was also your first public inquiry.
After careful and detailed consideration, the Traffic Commissioner has decided that, on this occasion, she need make no finding in relation to your repute. However, should you wish to apply for an operator licence at any point in the future you will need to appear before the Traffic Commissioner and satisfy her that your skills and knowledge are up-to-date, and that you are able, and willing, to comply at all times with the undertakings on any future licence.
On 1 November 2022 the appellants submitted an application for a restricted goods vehicle operator’s licence (OM2060792) for 2 vehicles and 4 trailers.