[2025] UKUT 067 (AAC)

On 23 April 2024, the OTC wrote to the Appellant as follows:

“It is a requirement of holding an operator’s licence that you either have a transport manager or a period of grace [permittingtemporaryoperationwithoutatransportmanager]…It has been brought to the attention of the Traffic Commissioner that there is currently no transport manager specified on your licence to satisfy the requirement to have a suitable number of individuals who meet paragraphs 14A(1) and (2) or 14A(1) and (3) of Schedule 3 of theGoods Vehicles (Licensing of Operators) Act 1995 (the Act).

Section 27(1) of the Act states that the traffic commissioner shall direct that a standard licence be revoked if at any time it appears that the licence-holder no longer satisfies he requirement to designate a suitable number of transport managers. In view of the evidence currently available, it appears to the traffic commissioner that you may no longer satisfy the requirement to designate a suitable number of transport managers satisfying the requirements of paragraph 14A(1) and (2) or 14A(1) and (3) of Schedule 3 of the Act. Under Section 27(3) you are entitled to make written representations to the traffic commissioner. Section 29(1) allows you to request a public inquiry, in order to offer further evidence as to why the licence should not be revoked.

Any written representations must be made to this office by 14/05/2024 for the traffic commissioner’s consideration.

Your representations may include an application to add a replacement transport manager to your licence…”.

The OTC received no response to the letter of 23 April 2024.

On 16 May 2024, a Traffic Commissioner revoked the operator’s licence held by the Appellant. Addressed to a director of the Appellant company, the Commissioner’s decision letter included the following:

“I refer to our letter dated 23 April 2024 notifying you that the Traffic Commissioner was considering revoking your goods vehicle operator’s licence.

In the absence of a response to this letter or a request for a public inquiry to be held the Traffic Commissioner has revoked your operator’s licence with effect from 16 May 2024 in accordance with the grounds stated in our letter: under Section 27(1)(a) of the Act as it no longer meets the requirements of professional competence.”