Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 210 (AAC)

Fecha: 22-Ago-2023

The appeal is dismissed

The appeal is dismissed.

Subject Matter

Application for restricted operator licence; requirement not to be unfit in terms of section 13B of the Goods Vehicles (Licensing of Operators) Act 1995; lack of evidence of ability and willingness to comply with regulatory regime; lack of evidence of ability and willingness to fulfil the undertakings on operator’s licence application form; inadequate evidence of knowledge and understanding of the regulatory regime.

Cases referred to:

NT/2013/82 Arnold Transport & Sons Ltd v DOENI

BradleyFold Travel Ltd & Peter Wright –v- Secretary of State for Transport [2010] EWCA Civ. 695

NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI

Joseph Formby t/a G&G Transport [2012] UKUT 239 (AAC)

Introduction

This is an appeal from the decision of the Deputy Traffic Commissioner (“DTC”) for the Scottish Traffic Area given on 15 March 2023. The decision of the DTC is as follows:

The application for a restricted licence is refused as I am not satisfied that the Partnership is a fit and proper person to hold a restricted goods vehicle operator’s licence (s.13B of the Goods Vehicle (Licensing of Operators) Act 1995. I am not satisfied that the Partnership is able and willing to comply with the law in regard to vehicle operating and that the Partnership is able and willing to fulfil the undertakings on the “O” licence application form (s.13C of the Goods Vehicle (Licensing of Operators) Act 1995).

The appeal was considered at an oral hearing at which Mr John Craig, Mrs Janice Craig and Mrs Isla Craig (Mr John Craig’s wife) were in attendance. Mr John Craig represented the appellants.

The appellants are the partnership James Craig & Partners, trading as J Craig & Son. The partners are Mr James Craig, Mrs Janice Craig and Mr John Craig (hereinafter “Mr Craig”).