Key Facts
- •Armstrong Freight Logistics Ltd applied for a standard international operator's licence and was granted an interim licence.
- •Their designated transport manager resigned on 9 November 2022.
- •The Traffic Commissioner proposed to refuse the application due to the lack of a designated transport manager.
- •The operator failed to provide a replacement transport manager within the given deadlines.
- •The Traffic Commissioner refused the application on 13 January 2023.
- •The operator appealed to the Upper Tribunal.
- •The operator argued difficulties in finding a competent transport manager and insufficient time given by the Commissioner.
Legal Principles
On an application for a standard operator's licence, the traffic commissioner must consider whether the requirements of sections 13A and 13C of the Goods Vehicles (Licensing of Operators) Act 1995 are satisfied.
Goods Vehicles (Licensing of Operators) Act 1995, Section 13(1)(a)
If the traffic commissioner determines that any of the requirements are not satisfied, the commissioner must refuse the application.
Goods Vehicles (Licensing of Operators) Act 1995, Section 13(5)
A company applicant must have a designated transport manager to satisfy the requirements for a licence.
Goods Vehicles (Licensing of Operators) Act 1995, Section 13A(3)(b)
Outcomes
The appeal was dismissed.
The operator failed to have a designated transport manager, a requirement under the 1995 Act. The Upper Tribunal found the Traffic Commissioner's decision was unimpeachable as the operator had sufficient time to find a replacement and the Commissioner did not act unfairly.