[2024] UKUT 425 (AAC)

On 3 June 2024, the OTC sent a Proposal to Revoke (PTR) letter to the operator. Having summarised the law about the requirement for an operator to have a transport manager, the letter went on:

“…It has been brought to the attention of the Traffic Commissioner that there is currently no transport manager specified on your licence…

…the traffic commissioner is considering the revocation of your operator’s licence on the grounds detailed above [nodesignatedtransportmanager]…Under section 27(3) [of the 1995 Act] 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 24/06/2024 for the traffic commissioner’s consideration.

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

The traffic commissioner may consider granting a period of grace to enable you to find a replacement or whilst your nomination of a new transport manager is being considered, but you need to ask. The traffic commissioner is not obliged to grant a period of grace and is unlikely to do so unless there is evidence that a replacement will be recruited and that the licence requirements will be met in the meantime. An application for a period of grace must be in writing and set out what you are doing to resolve the matter. Guidance to request a period of grace whilst you recruit a new transport manager is attached at Annex B.

Annex B – Guidance for requesting a period of grace to satisfy the transport manager requirements

…There must be tangible evidence that a period of grace will be worthwhile, in other words, there are reasonable prospects that the mandatory requirement will be met before expiry of the specified period of grace .

…Please make any period of grace requests in writing and specify:

why your last transport manager has left and the circumstances.

what measures were taken to prevent loss of a suitable number of transport managers.

the period of time you seek for your period of grace

how you will cover the duties of a transport manager during the period of grace

what action you are taking to meet the transport manager requirement as soon as possible…”

On 27 June 2024, the operator’s director, Mr Francis, wrote to OTC as follows:

“Sorry for the late reply I have been onboard a ship and had no access to internet to reply before this date. Our transport manager has recently retired and we are actively seeking a replacement and I am also studying to pass the qualification myself. Would it be possible for you to grant a period of grace until we can find a replacement in the near future?”

In connection with Mr Francis’ statement that he was onboard a ship, we understand that the operator’s business involved transporting items to and from the Canary Islands.

On 2 July 2024, the Traffic Commissioner revoked the operator’s licence. The decision letter read as follows:

“I refer to our letter dated 06.06.2024 notifying you that the Commissioner was considering revoking your operator’s licence. The Traffic Commissioner has noted your late response dated 27 June 2024 and has stated that the operator should be contactable or provisions should be made for company correspondence to be received at all times, including periods of director’s absence.

Therefore the Traffic Commissioner has revoked your operator’s licence with effect from 02.07.2024 in accordance with the following grounds:

•

Under section 27(1)(a) of the [1995] Act, that the licence holder no longer meets professional competence requirements in line with Section 13A(3)(a)(i) or 13A(3)(b).

…”.