[2024] UKUT 267 (AAC)

Section 26(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995 sets out the grounds on which a Traffic Commissioner may direct that “an operator’s licence be revoked, suspended or curtailed”. These include that “any undertaking recorded in the licence has not been fulfilled” (section 26(1)(f)).

Section 27(1) of the 1995 Act sets out cases in which a Traffic Commissioner must revoke a standard operator’s licence. A Commissioner must revoke a standard licence if at any time it appears to the Commissioner that the licence-holder no longer satisfies a requirement of section 13A (section 27(1)(a)) or the designated transport manager no longer satisfies a requirement in paragraph 14A of Schedule 3 to the Act (section 27(1)(b)).

Where a Traffic Commissioner revokes an operator’s licence, the Commissioner may also order the holder of the licence to be disqualified from holding or obtaining an operator’s licence. The period of disqualification is to be indefinite or for such period as the Commissioner thinks fit (section 28(1) of the 1995 Act). Where the licence holder is a company, the power to make a disqualification order under section 28(1) is also exercisable “in relation to any director of that company” (section 28(5)).

The requirements of section 13A of the 1995 Act include:

a Traffic Commissioner is satisfied that the operator is of good repute as determined in accordance with paragraphs 1 to 5 of Schedule 3 (section 13A(2)(b));

a Commissioner is satisfied that, in the case of an operator who is not an individual, the operator has designated an individual (a transport manager) who satisfies the requirements in paragraph 14(A)(1) and (3) of Schedule 3 to the Act (section 13A(3)(B)). Those requirements include that the transport manager must be of good repute, professionally competent and able to manage effectively and continuously the operator’s transport service.

If a Traffic Commissioner determines that a person who is a transport manager is no longer of good repute or professionally competent, the Commissioner must order the person to be disqualified from acting as a transport manager (paragraph 16(2) of Schedule 3). The disqualification is to be either indefinite or for such period as the Commissioner thinks fit. Before determining that a transport manager is no longer of good repute or professionally competent, the Commissioner must consider whether such a finding “would constitute a disproportionate response” (paragraph 16(1)).