Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 217 (AAC)

Fecha: 17-Jun-2025

Paragraph 11 of the Commissioner’s decision

Paragraph 11 of the Commissioner’s decision.

44.

Paragraph 11 forms part of the section of the decision headed ‘The public inquiry’. It is a summary of the content of that part of the hearing. The relevant part of the transcript reads:

11.

... I referred to the 56% service brake imbalance on a front axle commented upon by the Examiner. The driver had made no mention of it. ...

45.

Having read the transcript we find that paragraph 11 is an accurate summary of what happened in that part of the public inquiry. The matters raised by Mr Brayley-Willmetts were not discussed in the public inquiry and therefore would not be expected to be included in paragraph 11, which is summary of what happened and what was said in the public inquiry.

46.

The DVSA report records:

Safety inspection report 07/10/23, Brake test 06/10/23 Fail due to 56% imbalance on 1st axle. Brake test pass 07/10/23, no brake test on previous safety inspection. it is unknown how long the brake imbalance was present. Supervisor signature section not completed and brake test section not completed. No brake test on previous safety inspection.

47.

It is apparent from the transcript that the Traffic Commissioner’s questions and thus his concern related to why the brake imbalance had not been picked up before the brake test and not in relation to any failure to take action once the imbalance had been identified. There is no error of fact or law in not including reference to the matters raised by Mr Brayley-Willmetts in the decision.