K & K HGV Transport Ltd
[2024] UKUT 366 (AAC)
ADA Haulage Ltd
10 February 2023
[2023] UKUT 43 (AAC)
Upper Tribunal
A trucking company's licence was revoked for serious safety violations. They appealed, but didn't show up to court and didn't prove the original decision was wrong, so the licence revocation stayed.
Key Facts
- •ADA Haulage Ltd's operator's licence was revoked by the Deputy Traffic Commissioner (DTC) on August 10, 2021.
- •The revocation followed a public inquiry held remotely via MS Teams.
- •The revocation was based on multiple breaches of the Goods Vehicles (Licensing of Operators) Act 1995, including operating from an unauthorised operating centre, operating a vehicle with critical safety defects and while subject to an immediate prohibition, and operating without a transport manager.
- •ADA Haulage Ltd appealed to the Upper Tribunal, but neither the sole director nor a representative attended the hearing on January 23, 2023.
- •The Upper Tribunal proceeded in the appellant's absence.
Legal Principles
A traffic commissioner may revoke an operator's licence under section 26 of the Goods Vehicles (Licensing of Operators) Act 1995.
Goods Vehicles (Licensing of Operators) Act 1995, section 26
A traffic commissioner must revoke a licence if the licence holder no longer satisfies the requirements of section 13A(2) of the Act.
Goods Vehicles (Licensing of Operators) Act 1995, section 27(1)(a)
Revocation must be proportionate; the question is whether the operator's conduct is such that they ought to be put out of business (Bryan Haulage).
Bryan Haulage (No.2)
Before answering the Bryan Haulage question, it is helpful to consider how likely the operator is to comply in the future (Priority Freight).
Priority Freight
The Upper Tribunal has full jurisdiction to hear and determine appeals, considering matters of law and fact on the basis of the material before the Traffic Commissioner (Bradley Fold Travel Ltd).
Transport Act 1985, Schedule 4, paragraph 17; Bradley Fold Travel Ltd & Anor v Secretary of State for Transport [2010] EWCA Civ 695
Outcomes
The appeal was dismissed.
The Upper Tribunal found that the DTC's decision was not wrong. The DTC made serious findings of multiple breaches, the appellant did not sufficiently dispute these findings, and the DTC properly considered the 'Priority Freight' and 'Bryan Haulage' questions.