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IN THE UPPER TRIBUNAL Appeal No. UA-2023-001225-T
ADMINISTRATIVE APPEALS CHAMBER [2025] UKUT 062 (AAC)
ON APPEAL from a DECISION of the TRAFFIC COMMISSIONER for SCOTLAND
DECISION OF THE UPPER TRIBUNAL
Before: E Mitchell, Judge of the Upper Tribunal
D Rawsthorn, Specialist Member of the Upper Tribunal
M Smith, Specialist Member of the Upper Tribunal
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- Appellants: (1) Mr Douglas Bain (in his capacity as the holder of an operator’s licence, trading as Bain’s Coaches, and in his capacity as a designated transport manager) References: PM0000657 (Bain’s Coaches); PM001603 (ABC (Methlick) Ltd)
- This appeal is ALLOWED . The four decisions taken by the Traffic Commissioner for Scotland on 6 August 2023 are set aside (ref’s PM0000657 and PM001603) because they involved errors on points of law
- REASONS FOR DECISION
- Background
- 2019 public inquiry
- Events preceding the present public inquiry
- The public inquiry
- Traffic Commissioner’s reasons for her decisions
- Commissioner’s findings about Mr Bain
- Why the Commissioner revoked both operator’s licences
- Grounds of appeal, and arguments in support
- Ground 2 – flawed obstructive course of conduct finding
- Ground 3 – selective reliance on TE Jarvis’ evidence
- Ground 4 – failure to take into account material evidence
- Ground 5 – Traffic Commissioner’s weighing exercise
- Determination of appeal
- Grounds 2 to 5
- Conclusions