Undertakings
Undertakings
I understand that by signing this application I am accepting the undertakings below; that they will be recorded on the licence; that failure to comply with the conditions or undertakings recorded on the licence may result in the licence being revoked, suspended or curtailed; and that failure to comply with these conditions is a criminal offence.
…
Vehicles and trailers, including hired vehicles and trailers, are kept in a fit and serviceable condition;
Drivers report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and/or trailers, and that any defects are recorded in writing;
Records are kept (for at least 15 months) of all driver reports that record defects, and all safety inspection, routine maintenance and vehicle repair reports, and that these are made available on request…
I declare that the statements made in this application are true and that all supporting evidence supplied with regard to my application is correct. I understand that it is an offence to make a false declaration.”
The licence granted in response to that application was a standard international goods vehicle operator’s licence authorising the use of ten vehicles and ten trailers. Subsequently, it was effectively converted into / replaced with a restricted licence. The operator’s application to vary its licence by converting / replacing it with a restricted licence (page 51), included undertakings that were materially the same as those given on the application for a standard licence. The application was undated, but it appears that a restricted licence was effective from October or November 2024.
On 31 July 2024, the operator’s designated transport manager informed the OTC that he had resigned his position with immediate effect (page 199).
- 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
![[2025] UKUT 328 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)