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Legislative framework
Legislative framework
Revocation of restricted operator’s licences
Section 26(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995 confers power on a Traffic Commissioner to direct that a restricted licence be revoked on certain grounds, which include:
in the case of a heavy goods vehicle licence, a place other than one specified in the licence has been used as an operating centre (section 26(1)(a));
in the previous five years, a prohibition under section 69 or 70 of the Road Traffic Act 1988 (power to prohibit driving of unfit or overloaded vehicles) has been given in respect of the driving of a vehicle owned by the licence holder (section 26(1)(c)(iii));
in the previous five years, certain fixed penalty notices have been issued to the licence-holder, or the holder’s servant or agent, under Part 3 of the Road Traffic Offenders Act 1988 (section 26(1)(ca));
false statement in licence application (section 26(1)(e));
- 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