Anthony Hazell
[2023] UKUT 150 (AAC)
Anham Hussain
26 May 2024
[2024] UKUT 148 (AAC)
Upper Tribunal
Someone applied for a special driving licence to run a school bus. They didn't provide the right paperwork (bank statements) or show that driving the bus wouldn't be their main job. The appeal court said the original decision was correct, as the person hadn't met all the rules.
Key Facts
- •Anham Hussain applied for a restricted PSV operator's licence to operate a school run.
- •His application was initially refused due to an outdated bank statement and incomplete information regarding his main occupation.
- •Hussain submitted screenshots of recent bank statements, which were deemed unacceptable by the Traffic Commissioner.
- •The Traffic Commissioner considered the projected income from the PSV operation would exceed income from other sources, thus failing the 'main occupation' rule.
Legal Principles
Traffic Commissioners must act under the general directions and guidance of the Senior Traffic Commissioner.
Public Passenger Vehicles Act 1981, Section 4(4)(a)
Applicants are presumed to be aware of the Senior Traffic Commissioner's statutory guidance.
MGM Haulage and Recycling Ltd (2012/030)
Applicants must provide all reasonably required information for a PSV operator's licence application.
Public Passenger Vehicles Act 1981, Section 12(4)
Restricted PSV licences have a 'main occupation' rule, restricting operation to those whose main occupation is not operating PSVs carrying more than eight passengers.
Public Passenger Vehicles Act 1981, Section 13(3)(b)
To obtain a restricted licence, applicants must meet financial standing requirements (Section 14ZB) and demonstrate adequate arrangements for compliance with driving and operation laws (Section 14ZC).
Public Passenger Vehicles Act 1981, Sections 14ZB and 14ZC
The Senior Traffic Commissioner's guidance outlines requirements for providing financial evidence, including the use of original or certified bank statements.
Senior Traffic Commissioner's Statutory Document No. 2 – Finance
Outcomes
The appeal was dismissed.
The Upper Tribunal upheld the Traffic Commissioner's decision, finding that Hussain failed to meet both the financial standing and main occupation requirements. The submission of screenshots instead of original or certified bank statements, and the projected income from the PSV operation exceeding other income sources, were key factors.