[2025] UKUT 283 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 283 (AAC)

Fecha: 31-Ene-2025

Heading

Neutral Citation Number: [2025] UKUT 283 (AAC)

Appeal No. UA-2025-000359-T

IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER

TRAFFIC COMMISSIONER APPEALS

ON APPEAL from the DECISION of the TRAFFIC COMMISSIONER for the NORTH WEST OF ENGLAND dated 13TH March 2025

Before: HHJ Beech, Judge of the Upper Tribunal

Stuart James, Specialist Member of the Tribunal

David Rawsthorn, Specialist Member of the Tribunal

Appellant: RT INTERNATIONAL TRANSPORT LIMITED

Commissioner’s ref: OC2226316

Hearing date: 29th July 2025

Mode of hearing: CVP

Heard at: Field House, Breams Buildings, London, EC4A 1DZ

Representation:

Appellant: Christopher Poole (transport manager) assisted by Christopher Stanton (director)

Decision Date: 18th August 2025

SUMMARY OF DECISION

This appeal is ALLOWED.

The Appellant’s operator’s licence was revoked upon a finding that whilst the Appellant had uploaded a compliant TM1 form nominating a new transport manager within the period of grace granted, it had failed to post a hard copy with a “wet signature” to the Office of the Traffic Commissioner within the period of grace. There is no evidence that the Appellant was either instructed or required by the rules to provide a hard copy with a “wet signature” to the Office of the Traffic Commissioner and in the circumstances, the Appeal is allowed.

The matter is remitted to the Traffic Commissioner for him to consider and if appropriate, approve, the nomination. The Appellant is put on notice that the Traffic Commissioner may wish to call a public inquiry to consider financial standing or a change in directors or any other regulatory concerns that may have arisen since the nomination was made.

KEYWORD NAME: 100.8 Transport Managers

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION

The appeal is ALLOWED and the matter is remitted to the Traffic Commissioner for further consideration

REASONS FOR DECISION