Mr. Hazell's application to run a bus company was rejected because he had a really bad history of breaking rules and not fixing his mistakes. Even though he tried to show he'd changed, the judges didn't believe him and said the decision to reject him was fair.
Key Facts
- •Anthony Hazell appealed the Traffic Commissioner's refusal of his application for a PSV operator's licence.
- •Hazell has a significant history of regulatory breaches as a PSV operator and transport manager, including licence revocations and disqualifications.
- •The Traffic Commissioner found Hazell lacked good repute due to past failings in maintenance, record-keeping, and a lack of willingness to accept responsibility.
- •Hazell nominated Graham Reynolds as transport manager, but the Commissioner found Reynolds relatively inexperienced and concerns remained about Hazell's oversight.
- •Hazell's claim of eight consecutive MOT passes was factually incorrect, further demonstrating his unreliability.
Legal Principles
The Traffic Commissioner must be satisfied of an applicant's 'good repute' to grant an operator's licence.
Public Passenger Vehicles Act 1981, section 14ZA(2)(b) and schedule 3
The Upper Tribunal will only overturn a Traffic Commissioner's decision if it is 'plainly wrong'.
Bradley Fold Travel & Peter Wright v Secretary of State for Transport (2010) EWCA Civ.695
Outcomes
Appeal dismissed.
The Upper Tribunal found the Traffic Commissioner's decision was not plainly wrong. Hazell's extensive history of regulatory breaches and his failure to demonstrate genuine rehabilitation justified the refusal of the licence.