[2023] UKUT 210 (AAC)

Mr Craig represented the appellants at the PI. In support of the application, he had submitted documentation which satisfied the requirements for financial standing. He produced a Certificate of Conformity from NSF Certification UK Ltd which stated that J Craig & Son “has satisfied the requirements of the Red Tractor Fresh Produce Standards for the following produce: Crop Production; Harvesting; Potato; Storage” (Footnote: ⁶). The certificate was for the period 26 April to 31 October 2022.

At the PI, the DTC asked him why he had not produced any material at all about details of the proposed maintenance system, or how the partnership would comply with laws regarding drivers’ hours. He responded to the DTC that he did not think that evidence which could simply be downloaded from the internet would help the application; he thought that what the DTC wanted was to look him in the eye and believe that he could be trusted as a compliant operator.

He told the DTC that he did not think that any supporting evidence was necessary. He said that he had been operating vehicles for over 25 years, he had only been to one Public Inquiry, his vehicles had been stopped by the DVSA without any issue being identified, and he relied on the Red Tractor certificate of conformity which he said showed that another organisation trusted him to transport dangerous substances by road and that he met high standards imposed by another regulatory body.

He told the DTC that he had acquired his Transport Manager CPC about 25 years ago and had not done any formal continuing professional development to keep his knowledge up to date. As regards refreshing his knowledge and understanding of the rules on driver’s hours, he said that he had not done anything. He told the DTC that if he came across something he did not know he would look it up on gov.uk and that he was always learning through his work.