Key Facts
- •GBM Haulage Limited's operating licence was revoked by the Traffic Commissioner (TC) for failing to update the vehicle online licensing (VOL) system to reflect a change in directors.
- •The TC's decision was based on the appellant's contravention of a licence condition (failure to notify a change in ownership) and a material change in circumstances (change of director).
- •The appellant argued that the failure to update the VOL system was due to their transport manager's inaction.
- •The appellant did not respond to the TC's January 18, 2024 letter notifying them of the impending revocation.
Legal Principles
The Upper Tribunal's task is to determine whether, on objective grounds, a different view from that taken by the TC is the right one.
Bradley Fold Travel and anor v Secretary of State for Transport [2010] EWCA Civ 695 at [40]
The Upper Tribunal may not consider circumstances that did not exist at the time of the determination being appealed.
Implicit in the Upper Tribunal's decision
Licence holders cannot blame their transport manager; they are responsible for ensuring compliance with regulations.
T/2014/24 KA & Z Leonida t/a ETS
Where a statutory procedural requirement is not met, the court should consider the purpose of the requirement and whether any prejudice or injustice arises from non-compliance.
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27
Outcomes
The appeal was dismissed.
The Upper Tribunal found that the TC's decision was not plainly wrong. The appellant's failure to update the VOL system, despite multiple requests, demonstrated a lack of fitness to hold a licence. The TC had the power to revoke the licence under sections 26(1) and 27 of the Goods Vehicles (Licensing of Operators) Act 1995.