Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 106 (AAC)

Fecha: 03-Jul-2024

This appeal is ALLOWED. The Traffic Commissioner’s decision of 3 July 2024, directing the revocation of operator’s licence no. OD2050948, was made in error of law. Under section 37(2) of the Goods Veh

This appeal is ALLOWED. The Traffic Commissioner’s decision of 3 July 2024, directing the revocation of operator’s licence no. OD2050948, 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 Traffic 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 the expiry of the deadline referred to in paragraph (4)(b) below;

(3)

The Proposal to Revoke (“PTR”) letter issued by the Office of the Traffic Commissioner on 06 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-2024-000962-T is issued, for the traffic commissioner’s consideration”.

For the avoidance of doubt, the above order achieves the effect of maintaining the stay of the revocation direction agreed by the Traffic Commissioner on 25 July 2024, until the time limit in paragraph 4(b) above has ended. The effect of the stay is achieved because the direction revoking the operator’s licence has been set aside, and our order gives the operator a new period of time to make written representations to the Traffic Commissioner before any fresh direction to revoke may be made.

REASONS FOR DECISION

In these reasons:

“1995 Act” means the Goods Vehicles (Licensing of Operators) Act 1995;

“operator” means the Appellant company, 24Y Logistics Limited, of which Mr Rafiq, is a director;

“OTC” means the Office of the Traffic Commissioner.