Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 425 (AAC)

Fecha: 02-Jul-2024

This appeal is ALLOWED. The Traffic Commissioner’s decision of 2 July 2024, directing revocation of operator’s licence no. OB2047324, was made in error of law. Under section 37(2) of the Goods Vehicle

This appeal is ALLOWED. The Traffic Commissioner’s decision of 2 July 2024, directing revocation of operator’s licence no. OB2047324, was made in error of law. Under section 37(2) of the Goods Vehicles (Licensing of Operators) Act 1995, the Upper Tribunal sets aside the Commissioner’s direction.

ORDER OF THE UPPER TRIBUNAL

In exercise of the Upper Tribunal’s power under paragraph 17(2) of Schedule 3 to the Transport Act 1985 to make such order as it sees fit on an appeal against a decision of the Traffic Commissioner, we order as follows:

(1)

our setting aside of the Traffic Commissioner’s direction to revoke the operator’s licence means that, for the time being, that licence is restored to the operator;

(2)

paragraph (1) above shall not affect the power of a Traffic Commissioner to direct revocation of the operator’s licence following expiry of the deadline referred to in paragraph (4)(b) below;

(3)

the PTR (Proposal to Revoke) letter issued by the Office of the Traffic Commissioner on 3 June 2024 is to be treated as if it were a notice issued under section 27(2) of the Goods Vehicles (Licensing of Operators) Act 1995 on the same day that this decision of the Upper Tribunal is issued;

(4)

The PTR letter referred to in paragraph (3) above is to have effect subject to the following modifications:

(a)

the words “Any written representations must be made to this office by 24/06/2024 for the traffic commissioner’s consideration” are deleted;

(b)

those deleted words are replaced with the following:

“Any written representations must be made to this office, no later than 21 days after the date on which the decision of the Upper Tribunal in case UA-2024-001081-T is issued, for the traffic commissioner’s consideration”.