Decision not necessary and not proportionate
Decision not necessary and not proportionate
The question whether an individual should hold a vocational driving licence is to be determined in accordance with the requirements of the Road Traffic Act 1988 and raises different issues from the question whether an operator should continue to hold an operator’s licence. The matters considered by the TC when dealing with revocation of the operator’s licence were, for the reasons we have given, appropriate matters for consideration and it was open to the TC to reach the conclusion he did reach. Having concluded that revocation was the correct course, the TC was not obliged to change that view because he had also concluded that Mr. Griggs’s vocational licence should be revoked.
- Heading
- CASES REFERRED TO: Bryan Haulage Limited (No. 2) 217/2002; Priority Freight Limited and Williams 2009/225; Bradley Fold Travel Limited and Peter Wright v. Secretary of State for Transport [2010] EWCA
- Introduction
- The facts
- The first hearing before the TC
- The second hearing before the TC
- The TC’s decision
- The appeal
- The applicable law
- Discussion
- Failure to consider other positive features
- The Priority Freight and Bryan Haulage questions
- Representations in respect of disqualification
- Decision not necessary and not proportionate
- Conclusions
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