Abbey Coaches (Darwen) Ltd & Anor
[2024] UKUT 16 (AAC)
Croft Travel Lancashire Ltd (t/a Croft Travel)
8 May 2024
[2024] UKUT 132 (AAC)
Upper Tribunal
Croft Travel lost its bus operating license because it didn't have a proper transport manager. They tried to get a new one but didn't fill out the paperwork correctly, and didn't show up to court to explain themselves. The judge said the license was rightfully revoked.
Key Facts
- •Croft Travel Lancashire Ltd (t/a Croft Travel) appealed the revocation of its PSV operator's licence by the Traffic Commissioner for the North West of England.
- •The revocation was due to the operator's failure to have a designated transport manager.
- •The operator submitted incomplete applications for several transport managers within a period of grace granted by the Traffic Commissioner.
- •The operator failed to attend the Upper Tribunal hearing.
- •The operator argued the Traffic Commissioner unfairly led them to believe a further period of grace wasn't needed after submitting a new transport manager application.
Legal Principles
A traffic commissioner must revoke a standard licence if the designated transport manager no longer satisfies the requirements of section 14ZA(3) of the 1981 Act, or if there is no designated transport manager.
Public Passenger Vehicles Act 1981, section 17(1)
A period of grace may be granted to rectify the situation of lacking a transport manager, but if the requirement isn't met within the time limit, the licence must be revoked.
Public Passenger Vehicles Act 1981, section 17(1A), (1B); Regulation (EC) No 1071/2009, Article 13.1
If a period of grace expires without the operator complying, the Traffic Commissioner shall revoke the licence.
Blackmur t/a IJB Transport [2021] UKUT 0313 (AAC)
The Upper Tribunal may proceed with a hearing if the party has been notified and it is in the interests of justice.
Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 38
Outcomes
The appeal was dismissed.
The operator failed to submit a complete transport manager application within the period of grace, and their arguments regarding unfair treatment by the Traffic Commissioner were rejected. The operator's failure to attend the hearing also contributed to the decision.