[2025] UKUT 106 (AAC)

We have decided that the appeal succeeds. The Traffic Commissioner erred in law in giving a direction to revoke the operator’s licence. In these circumstances, the Traffic Commissioner’s revocation direction cannot remain in place. If, however, the Upper Tribunal simply sets aside that direction, the effect of this appeal coming to an end, and the stay being lifted, will mean that as soon as its licence is restored, the operator will be in breach of the requirement to have an approved transport manager. Given the Appellant is a standard licence holder, this creates a mandatory ground for revocation under section 27(1) of the 1995 Act. This would leave the operator no better off than before its appeal succeeded

The Traffic Commissioner, not the Upper Tribunal, makes decisions under section 27 of the 1995 Act, including about whether to grant an operator a period of grace. Bearing this in mind, we have therefore formulated an order to dispose of this appeal, which seeks to place the operator, so far as possible, back in the position in which it stood just before the OTC issued its PTR letter.

Our order means that the operator must provide a fresh response to the OTC’s PTR letter / section 27(2) notice dated 06 June 2024. The operator has 21 days from the date on which this decision is issued (which Mr Rafiq should note is the date of the letter that will be sent accompanying our decision) to provide written representations against revocation to the OTC.

Within that 21-day period, the operator also has the opportunity to make a fresh request to the Traffic Commissioner, asking for a period of grace to allow for it to identify a suitable new Transport Manager for approval. Our understanding is that the operator will also need to request a period of grace in respect of any existing nomination, to allow it to go through the approvals process. We note that the OTC’s PTR letter explains that specific information should or must be provided if a period of grace is requested. The operator may wish to read the PTR letter carefully and note the information that it indicates should or must be provided.

As stated in the OTC’s letter dated 06 June 2024, under section 29(1) of the 1995 Act, the operator also has the right to request a public inquiry, at which Mr Rafiq could give evidence relevant to the question of revocation. Section 29(1) confirms that at a public inquiry, Mr Rafiq would also be entitled to call witnesses, cross-examine witnesses, and address the Traffic Commissioner, both on the evidence, and generally on the subject matter of revocation.

The effect of our decision is that for a period of 21 days following the date on which this decision is issued, the operator’s licence is restored. What happens next will be for the Traffic Commissioner to decide, based on what information and representations the operator provides.