[2023] UKUT 210 (AAC)

Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 provides that no person shall use a goods vehicle on a road for the carriage of goods, for hire or reward, or in connection with any trade or business carried on by him, except under a licence issued under the Act.

In terms of section 13 of the 1995 Act, in determining an application for a restricted operator licence, the traffic commissioner must be satisfied, among other things, that the applicant is not unfit to hold an operator’s licence.

Section 13C of the 1995 Act requires satisfactory arrangements to have been madefor a range of matters such as compliance with drivers’ hours regulations and maintenance of vehicles. A restricted operator licence does not require the holder to have a transport manager.

Once a restricted licence has been granted the requirements of sections 13, 13B and 13C, among other conditions, are continuing obligations that require to be met throughout the lifetime of the licence (Footnote: ³).

The burden of proof rests on an applicant for an operator’s licence to demonstrate that he satisfies the regulatory requirements to hold a licence.