Key Facts
- •Deborah Marie Toner (T/A DDT Haulage) appealed the refusal of her application to add a Transport Manager to her goods vehicle operator's licence.
- •The Department for Infrastructure (DfI) refused the application based on a previous undertaking to employ an external Transport Manager, and on a now-repealed section of the 2010 Act.
- •The application to add the Transport Manager was made on 9 August 2022.
- •The DfI requested an explanation for two infringements on 14 September 2022, but received no response.
- •The refusal decision was made on 15 November 2022.
Legal Principles
An operator's licence can only be granted if the applicant satisfies the relevant requirements of the 2010 Act.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Operator licensing is based on trust and operators have continuing obligations to comply with the regime throughout the licence's life.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
On appeal, the appellant bears the burden of showing the decision is wrong; they must show the reasoning and application of law require a different view.
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI
Sections 2(1)-(4), 12(2)-(5), 12A, 12C, 12D, 12E and 17 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 define standard and restricted licences and the requirements for their grant.
Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
Regulation (EC) No 1071/2009 sets out requirements for engaging in the occupation of road transport operator, including having an effective and stable establishment, good repute, appropriate financial standing, and requisite professional competence.
Regulation (EC) No 1071/2009
Outcomes
Appeal allowed.
The Department's refusal was based on section 12A(3)(c) of the 2010 Act, which was repealed before the decision. The refusal was also contrary to established undertaking.
Decision of 15 November 2022 set aside.
The decision was deemed "plainly wrong" due to reliance on a repealed section of the Act.
Application remitted to the Department for reconsideration.
To allow a fresh decision based on the correct legal framework.