[2025] UKUT 062 (AAC)

The Appellants argue that it was not open to the Traffic Commissioner to find that Mr Bain had acted dishonestly nor that he had engaged in a course of conduct of obstructive behaviour. Those flawed findings were the Commissioner’s principal justification for categorising these cases as ‘severe’ and answering the BryanHaulage and PriorityFreight questions adversely to the Appellants.

The Traffic Commissioner should have categorised these cases as ‘serious’ rather than ‘severe’ and given proper weight to those matters that went to the Appellants’ credit: Mr Bain’s long experience as an operator of good standing, genuine attempts to rectify most recent regulatory concerns and no evidenced regulatory contraventions since November 2022. Had the Commissioner approached these cases properly, argue the Appellants, revocation and disqualification were not inevitable.