[2024] UKUT 22 (AAC)

Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 provides that no person shall use a goods vehicle on a road for the carriage of goods, for hire or reward, or in connection with any trade or business carried on by him, except under a licence issued under the Act.

There is a requirement that the holder of a standard licence must be of good repute. This is set out in mandatory terms in Article 3 of EU Regulation 1071/2009 and sections 13 and 13A of the 1995 Act. “Good repute” is determined in accordance with paragraphs 1 to 5 of Schedule 3 to the 1995 Act.

Section13A(2)(d) sets out the requirement to be professionally competent. Section 13A(3) makes provision for appointment of a transport manager. The transport manager must be of good repute and professionally competent (Footnote: ¹).

In determining whether a transport manager (“TM”) is of good repute, the traffic commissioner (“TC”) may take into account any matter (Footnote: ²). If the TC finds that a TM has lost his repute, disqualification from acting as a TM is mandatory (Footnote: ³).

Once a licence has been granted the requirements of sections 13 and 13A, among other conditions, are continuing obligations that require to be met throughout the lifetime of the licence (Footnote: ⁴).

Section 27 provides that a TC must direct revocation of a standard licence if it appears to him that the licence holder no longer satisfies one or more of the requirements of section 13A. This would include loss of good repute.