Conclusions
Conclusion
We decide that the Deputy Traffic Commissioner’s decision of 2 May 2024 to revoke the operator’s licence involved an error of law albeit not one of the Commissioner’s making. The Commissioner failed to take into account relevant evidence (because it was not drawn to his attention). That was an error of law.
We set aside the decision to revoke the operator’s restricted licence. We see no need to make any further order. If the Traffic Commissioner wishes to recommence regulatory action against this operator, nothing in our decision is intended to limit the Commissioner’s freedom to do so.
Authorised for issue by the Upper Tribunal panel on 15 November 2024.
Given under section 37(2) of the Goods Vehicles (Licensing of Operators) Act 1995.
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