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Mr. King as transport manager
Mr. King as transport manager
Mr. King was also called to the public inquiry to be held on 31st January 2023 in his capacities as transport manager for Kevin King & Sons Transport and the Company. The call-up letter was again dated 22nd December 2022 and stated that the inquiry would consider whether he continued to meet the requirement to be of good repute and accordingly could exercise effective and continuous management of the relevant transport operations. The evidence to be considered was effectively the evidence to be considered in relation to Mr. King’s licence.
- Heading
- IT IS HEREBY ORDERED that the appeal be DISMISSED
- CASES REFERRED TO: Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948] 1 K.B. 223; Dukes Transport (Craigavon) Limited , Appeal 68/2001; Bryan Haulage Limited (No. 2) 217/200
- Introduction
- The facts Mr. King’s licence
- Mr. King as transport manager
- The Company’s licence
- The hearing before the TC
- The TC’s decision
- The appeal
- Ground 1: the finding of fact that Mr. King pressured Mr. Day into using two digital tachograph cards was wrong, arrived at in error and was based on a lack of procedural propriety
- Ground 2: the finding of fact that Mr. King and Ms. Wallace failed to admit to misleading the Office of the Traffic Commissioner in relation to the Company licence application was arrived at in error
- Ground 3: the regulatory action taken by the TC was disproportionate
- Ground 4: insufficient reasons given
- The applicable law
- Discussion
- Ground 2 (finding of failure to admit misleading the OTC)
- Ground 3 (regulatory action disproportionate)
- Ground 4 (insufficient reasons)
- Conclusions