[2025] UKUT 217 (AAC)

Paragraph 4 forms part of the ‘background’ section of the Traffic Commissioner’s decision. It is not part of the ‘findings of fact’, nor is it part of the ‘decision’ section. It is a summary of what the DVSA Vehicle Examiner Adrian Williams found in his report in February 2024. Mr Williams’ report concluded that ‘Wheel & Tyre Management’ was unsatisfactory and recorded that no wheel security or system or tyre management policy or system had been seen. We find that paragraph 4 of the Traffic Commissioner’s decision is a reasonable summary of the findings of that report.

Although the relevant policies were not in place at the time of Mr Williams’ visit, it is right that in response to that report the Partnership developed an operating policies booklet and sent a copy to the DVSA on 7 April 2024. Although the Traffic Commissioner records at paragraph 5 that the Transport Managers responded to the report in April, he does not include the fact that they included the new operating policies booklet.

The Traffic Commissioner does not have to set out every aspect of the background in his decision. The failure to have these policies did not form part of the Traffic Commissioner’s findings of fact and does not form part of the reasons for his decision.

For those reasons we do not accept that this demonstrates any error of fact or law in the Traffic Commissioner’s decision.