[2025] UKUT 146 (AAC)

Section 12 of the Public Passenger Vehicles Act 1981 (“the 1981 Act”) provides that a public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a public service vehicle (“PSV”) operator’s licence granted in accordance with the Act.

Section 14ZA of the 1981 Act provides for, among other matters, the requirement for the operator to be professionally competent as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3.

Paragraph 3 of Schedule 3 provides as follows:-

“References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirements as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent.”

Section 14ZA(3) requires an operator to have a designated transport manager in accordance with Article 4 of Regulation (EC) No 1071/2009 (“the 2009 Regulation”).

Section 17(1) of the 1981 Act provides that the Traffic Commissioner must revoke a standard licence if it appears that at any time to the Commissioner, the licence holder no longer satisfies the requirement to be professionally competent.