[2024] UKUT 240 (AAC)

The catalyst for the events which are the subject of the present appeal was that Mr Matthew Noon was removed as transport manager on 1 March 2023 on the Vehicle Operator Licensing (“VOL”) system, using Mr Stafford’s user ID (which he had had since 2016). Although an application was then made, using the same user ID, on 3 March to reinstate him, when supporting information was provided it appeared to show that Mr Noon would additionally be working 45 hours a week as a driver. Consequently, the Office of the Traffic Commissioner (“OTC”) was concerned that he might not have time to discharge the duties of Transport Manager adequately and asked for further particulars of how he would do so. By 14 July, a Friday, it appeared to the OTC that there had been no reply to enquiries it had sent out and so it could not be satisfied that the operator’s proposals for its transport manager were adequate. Consequently on 14 July the DTC took the decision under appeal which was notified to the operator on the following Monday morning, 17 July.

It is to the communications between March and July that we must now turn, in some detail, as the question arises whether a course of dealing between the OTC and the operator arises which might make the procedure adopted unfair. We begin with an explanation of the VOL system.