Introduction
Introduction
This is an appeal by Mr. Kevin Roy Griggs, trading as KDP Skips and Waste Removal, against the decision of the Deputy Traffic Commissioner for the East of England Traffic Area (“the TC”) given on 10th February 2023. By his decision the TC revoked Mr. Griggs’s restricted goods vehicle operator’s licence from 00.01 on 13th March 2023 and disqualified him from holding an operator’s licence and from being the director of a company holding or obtaining such a licence for the 12 month period from the revocation until 13th March 2024.
Those parts of the TC’s decision were made under the provisions of the Goods Vehicles (Licensing of Operators) Act 1995. The TC also revoked Mr. Griggs’s vocational driving entitlement and disqualified him from driving large goods vehicles for 12 months. The TC’s power to do so, however, was derived from the Road Traffic Act 1988 and under s.119 of that Act any appeal must be made to the magistrates’ court rather than to the Upper Tribunal.
- 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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