[2025] UKUT 328 (AAC)

Appeal No. UA-2025-000137-T

Before: E Mitchell, Judge of the Upper Tribunal

D Rawsthorn, Specialist Member of the Upper Tribunal

M Smith, Specialist Member of the Upper Tribunal

Appellants: (1) K & B Haulage Ltd; (2) Kyle Gettings

Hearing: Cardiff Civil Justice Centre on 11 August 2025

Representation: Neither party attended the hearing

On appeal from:

Decision maker: Traffic Commissioner in the Western Traffic Area

Commissioner’s ref: OH2040441

Date of decision: 13 January 2025

SUMMARY OF DECISION

100 Transport (Traffic Commissioner and DfI NI) appeals

100.12 Revocation, suspension and curtailment

100.13 Disqualification

Judicial summary

The Traffic Commissioner properly considered whether revocation of an operator’s licence and disqualification orders were a proportionate regulatory response. In fact, the Commissioner’s careful questioning of the operator at a public inquiry about the likely consequences of different degrees of regulatory intervention, may, in the Upper Tribunal’s view, properly be considered a model of informed proportionality enquiry.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION OF THE UPPER TRIBUNAL