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Factual background
Factual background
The operator’s licence
The operator’s application for a licence under the 1995 Act, dated 5 January 2021 (page 31), stated that the maximum time between safety inspections for vehicles and trailers would be six weeks, and that safety inspections would be carried out by an external contractor (Caldicot Fleet Maintenance Recovery). The application, which was made on behalf of the operator by its director Kyle Gettings, also stated as follows:
- Heading
- This appeal is DISMISSED. The Traffic Commissioner’s decision of 13 January 2025 directing revocation of the First Appellant’s operator’s licence (no. OH2040441), under section 26(1) of the Goods Vehi
- Introduction
- Factual background
- Undertakings
- DVSA Vehicle Examiner involvement with operator
- The public inquiry
- Fail to notify of change in maintenance arrangements…
- that your vehicles and trailers would be kept fit and serviceable
- Section 10
- The Traffic Commissioner’s decision
- Kyle Gettings lied to DVSA Examiners “about not having driven YK16XYC on the morning of 27 August 2024”
- The Traffic Commissioner’s analysis
- Legal framework
- “that during the five years ending with the date on which the direction is given there has been—
- “that the licence-holder made…for the purposes of—
- Grounds of appeal
- substantial compliance improvements have been made since the public inquiry hearing the financial and related consequences of revocation would be dire
- Conclusions