Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 062 (AAC)

Fecha: 06-Ago-2023

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

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. Under paragraph 17(2) of Schedule 4 to the Transport Act 1985, the Upper Tribunal further orders:

(1)

Subject to paragraph (2) below, the matters considered at the public inquiry hearing which preceded the Traffic Commissioner’s decisions of 6 August 2023 are to be reconsidered at a fresh public inquiry hearing.

(2)

Paragraph (1) above does not apply if:

(a)

the Senior Traffic Commissioner is of the opinion that it is unnecessary to convene a fresh public inquiry hearing because it is no longer proposed to make any decision which, by statute, may not be made without giving effect to a request to hold a public inquiry; and

(b)

the Appellants are sent written notice of that opinion within one month of the date on which this decision is issued.

(3)

Subject to paragraph (5) below, if there is to be a fresh public inquiry hearing, the call-up letters which preceded the 2023 public inquiry hearing are to have effect, and be read as if they included amongst the matters to be addressed at the fresh inquiry hearing:

(a)

the allegation made by Vehicle Examiner Mackie at the 2023 public inquiry hearing that certain documentation may have been falsified by being dated before the actual date on which the documentation was prepared; and

(b)

any further matters which the Senior Traffic Commissioner, or another Traffic Commissioner authorised by the Senior Commissioner, informs the Appellants in writing, within one month of the date on which this decision is issued, are to be addressed at the inquiry hearing.

(4)

If any further matters are notified under paragraph (3)(b) above, the Appellants may make written representations on those matters, but any such representations must be received by the Office of the Traffic Commissioner within one month of the date of notification, or such shorter or longer period as the Senior Traffic Commissioner or another authorised Commissioner may determine.

(5)

Paragraphs (3) and (4) do not apply if the Senior Traffic Commissioner so decides (for example, if he decides that fresh call-up letters are called for).

(6)

If there is to be a fresh public inquiry hearing, the inquiry is to be before the Senior Traffic Commissioner, or such other Traffic Commissioner as is required to deal with the matter by the Senior Commissioner.

(7)

If there is to be a fresh public inquiry hearing, save as is necessary in order to give effect to the above paragraphs, nothing therein prejudices the exercise of any statutory functions, or any statutory rights or duties, in connection with an inquiry hearing.

(8)

In the above paragraphs, “Traffic Commissioner” includes a Deputy Traffic Commissioner.