Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 146 (AAC)

Fecha: 02-May-2025

The appeal is ALLOWED and the decision of the Deputy Traffic Commissioner to revoke the Appellant’s operators standard licence is set aside. Further, the case is remitted for rehearing and determinati

The appeal is ALLOWED and the decision of the Deputy Traffic Commissioner to revoke the Appellant’s operators standard licence is set aside. Further, the case is remitted for rehearing and determination at a Public Inquiry. We do not direct which individual Traffic Commissioner should conduct the Public Inquiry.

Subject Matter

Fresh evidence; sections 14ZA and 17 of the Public Passenger Vehicles Act 1981; natural justice; fair proceedings; revocation; the duty to hold a public inquiry.

Cases referred to:

Atbus Ltd. [2019]UKUT 0032 (AAC).

BradleyFold Travel Ltd & Peter Wright –v- Secretary of State for Transport [2010] EWCA Civ 695.

Bryan Haulage No 2 (2002/217).

Crompton t/a David Crompton Haulage v Department of Transport North Western Traffic Area [2003] RTR 34.

Ladd v. Marshall [1954] 1WLR 1489.

Introduction

This is an appeal from the decision of the Deputy Traffic Commissioner (“DTC”) for the Scottish Traffic Area refusing the Appellant’s application to designate Mr Peter Fyvie as transport manager and revoking the Appellant’s operator licence. The Appellant was informed of the decision by letter dated 15 October 2024 (Footnote: ¹) . (Unless stated otherwise, all page references are to the electronic bundle page numbers.) On 18 October 2024, the Appellant (hereinafter referred to as “ECL”) applied for a stay of the revocation. On 23 October 2024, the DTC granted a stay pending appeal.