[2025] UKUT 067 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 067 (AAC)

Fecha: 16-May-2024

Legislative framework

Legislative framework

Goods Vehicles (Licensing of Operators) Act 1995

5.

Section 27(1)(a) of the 1995 Act requires a Traffic Commissioner to direct that a standard operator’s licence be revoked if at any time it appears to the Commissioner that the licence-holder no longer satisfies one or more of the requirements of section 13A.

6.

The requirements of section 13A of the 1995 Act, insofar as relevant to the requirement for a corporate operator to designate a transport manager, are expressed as follows:

“(3)

The second requirement is that the traffic commissioner is satisfied that the applicant —

…(b) if the applicant is not an individual…has designated a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3) of Schedule 3…

(5)

In this Act, “transport manager” means an individual designated under subsection (3)(a)(ii) or (b).”

7.

Before giving a direction to revoke a standard operator’s licence, the Traffic Commissioner is required by section 27(2) of the 1995 Act to “give to [the licence-holder] notice in writing that he is considering giving such a direction”. Certain matters must be dealt with in a section 27(2) notice, such as “the grounds on which the traffic commissioner is considering giving a direction”. The notice must invite the operator to make written representations, to be received by the Traffic Commissioner within 21 days of the date of the notice.

8.

Regulation 25 of the Goods Vehicles (Licensing of Operators) Regulations 1995 (1995 Regulations), headed “notification of change of address”, provides as follows:

“If during the currency of a licence the address for correspondence as notified in the licence-holder's application or as subsequently notified under this regulation ceases to be an effective address for correspondence the licence-holder shall within 28 days from the date of such event notify a traffic commissioner of an effective address for correspondence.”