[2024] UKUT 419 (AAC)

By section 14ZA(2)(d) of the Act, it is a requirement of a standard public service vehicle operator’s licence that “the applicant… is professionally competent”. By section 14ZA(3), it is a further requirement that the traffic commissioner is satisfied that the applicant has designated a transport manager who is professionally competent in accordance with paragraph 6 of Schedule 3 of the Act. If the commissioner is satisfied that all relevant requirements are met, then they are bound to grant a licence (section 14(3)).

Where it appears to the commissioner that the requirements of sections 14ZA(2) and/or (3) are no longer satisfied, they must revoke the licence (section 17(1) of the Act); although, before doing so, they may serve a notice setting a time limit for the licence-holder to rectify the situation (“period of grace”). By the retained article 13 of Regulation (EC) No 1071/2009 and regulation 5 of the Road Transport Operator Regulations 2011, that period cannot exceed six months. Paragraph 80 of the Senior Traffic Commissioner Statutory Document No 3 (Transport Managers) (issued under section 4C of the Act) makes clear that:

“… Operators should understand that if, upon expiry of a period of grace, professional competence has still not been demonstrated… then the operator’s licence will have to be revoked.”