Safir Shafi (t/a Alltravel Minibuses), Re
[2024] UKUT 298 (AAC)
Abbey Coaches (Darwen) Ltd & Anor
15 January 2024
[2024] UKUT 16 (AAC)
Upper Tribunal
Two bus companies had their licences taken away. A court decided the decision was unfair because the reasons given weren't clear or correct and the companies didn't get proper warning. The court sent the case back to be looked at again by a different person.
Key Facts
- •Abbey Coaches (Darwen) Ltd and Rigby's Executive Coaches Ltd had their operating licences revoked by a Deputy Traffic Commissioner (DTC).
- •The revocation was based on concerns about financial standing and good repute.
- •The companies appealed to the Upper Tribunal (UT).
- •The UT found the DTC's decision to be 'plainly wrong' on all grounds of appeal.
Legal Principles
Financial standing for PSV operators must be demonstrated in accordance with Article 7 of Regulation 1071/2009.
Public Passenger Vehicles Act 1981, s. 14ZA(2)(c); Regulation 1071/2009, Article 7
The Senior Traffic Commissioner's guidance on demonstrating financial standing, while more flexible than Article 7, is not unlawful.
Thandi Coaches (Red) Ltd [2021] UKUT 198 (AAC)
At a Public Inquiry (PI), the burden of proof is on the Traffic Commissioner to be satisfied of the grounds for revocation.
Muck It Ltd and Others v. Secretary of State for Transport (2005) EWCA Civ 1124
On appeal, the UT must determine matters of fact and law based on the material before the TC, but without rehearing all the evidence.
Bradley Fold Travel Ltd & Anor v Secretary of State for Transport [2010] EWCA Civ 695; Subesh and ors v Secretary of State for the Home Department [2004] EWCA Civ 56
The operator is entitled to proper notice of the issues to be considered at a PI.
Case law implicit in the UT's reasoning
Outcomes
Appeal allowed.
The DTC's decision to revoke the Appellants' operating licences was 'plainly wrong' on all grounds of appeal.
Revocation decisions quashed.
The DTC erred on financial standing, maintenance arrangements, operating entity, and procedural fairness.
Matter remitted to a different Traffic Commissioner.
To rehear and determine the case after issuing clear calling-in letters and holding a reconvened PI.