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Events preceding the Traffic Commissioner’s decisions
Events preceding the Traffic Commissioner’s decisions
This operator held a restricted operator’s licence granted under the 1995 Act. On 18 July 2023, the OTC wrote to the operator as follows:
“…the Traffic Commissioner has noted links to ROCK AND MUCK HAULAGE LTD and possible change of entity and has requested further information as below:
- Please provide bank statements in the name of Mark Jones covering a recent three month period.
- Please confirm if a change of entity has occurred in respect of the licence holder because companies house shows that the licence holder is the sole director of EARTH & STONE RECYCLING LTD.
…I must advise you that, if a change of entity has occurred, operating under the existing licence is unlawful, and was illegal from the date that the change took effect. This licence should be surrendered, and the licence documents, together with any vehicle identity disc(s), returned.
[…]
A written response must be received by no later than 01/08/2023 or regulatory action may be taken against the licence.”
The OTC case file includes no response from the operator to the letter of 18 July 2023. However, on 13 September 2023 the OTC received Mr Jones’ application to surrender his operator’s licence. The Traffic Commissioner refused to accept surrender of the licence, informed Mr Jones him that she was minded to revoke his operator’s licence, and called him to a public inquiry.
The public inquiry was held on 21 February 2024, but Mr Jones did not attend.
The Traffic Commissioner’s decision and reasons
On 28 February 2024, the Traffic Commissioner:
- Heading
- This appeal is DISMISSED. The Traffic Commissioner’s decisions of 1 March 2024 (ref. OK2024813) involved neither error of law nor mistake of fact. Under section 37(2) and (4) of the Goods Vehicles (Li
- Events preceding the Traffic Commissioner’s decisions
- refused the operator’s application to surrender his operating licence
- the Appellant “has ignored the Public Inquiry process”
- Legislative framework
- an undertaking recorded in the licence has not been fulfilled ( section 26(1) (f))
- ‘Surrender’ of operator’s licences
- Rights of appeal
- Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
- Grounds of appeal
- the Appellant did not produce financial evidence because it was not requested until after his business had closed
- Proceedings before the Upper Tribunal
- Conclusions
- the Appellant gave no reason for failing to attend the hearing on 14 January 2025
- Challenging a Traffic Commissioner’s refusal to accept a surrender request: matters of principle
- Did the Traffic Commissioner lawfully refuse the Appellant’s request to surrender his operator’s licence?
- Why the Appellant’s grounds of appeal are not made out
- this is an assertion unsupported by evidence. The argument is not made out
- this argument is dealt with in paragraphs (2) and (4) above
- this argument is effectively dealt with in paragraph (2) above it was not for the Appellant to give himself permission to ignore the Traffic Commissioner’s legitimate request for information
- Conclusions