[2024] UKUT 225 (AAC)

This is an appeal to the Upper Tribunal brought by Mr Eric Stevenson Morrison (“the Appellant), against a decision of the Traffic Commissioner for the Scottish Traffic Area (“the TC”), dated 6 July 2023. The TC recorded adverse findings under the following provisions of the Act:

The TC revoked the Appellant’s operator’s licence under s.27(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) (operator no longer of sufficient financial standing) and under s.27(1)(b) of the Act (transport manager no longer satisfies specified requirements under paragraph 14A of Schedule 3 to the Act). The Appellant was disqualified from acting as Transport Manager, under paragraph 16(2) of Schedule 3 to the Act, for a period of one year. The order came into force at 2345hrs on 27 July 2023 to allow for the effective run down of the business.

The Appellant made an application to appeal the decision of the TC (signed and dated 21 July 2023) which was received by the Upper Tribunal on 28 July 2023. It was in time. The Appellant applied for a stay pending the outcome of the appeal, but this was refused by the TC by way of his decision dated 7 August 2023. The Appellant re-applied for a stay to the Upper Tribunal. After permitting a two week interim stay to allow time for the Appellant to perfect his grounds of appeal, the stay request was ultimately refused by Upper Tribunal Judge Mitchell by a decision authorised for issue on 15 September 2023.

The appeal was considered at a hearing, at the Employment Appeal Tribunal Building in Edinburgh, on 16 April 2024. The Appellant attended and was supported by family members at the hearing. He was unrepresented. The Respondent, as is common practice, was not represented at the hearing.