Eric Stevenson Morrison
[2024] UKUT 225 (AAC)
John Stuart Strachan t/a Strachan Haulage
29 August 2024
[2024] UKUT 226 (AAC)
Upper Tribunal
A haulage company owner tried to get around a rule limiting how many trucks he could use by using another company's license. A court agreed this was wrong and took away his license, but decided the punishment was too harsh and reduced the time he's banned from operating.
Key Facts
- •John Stuart Strachan (Appellant) appealed a Deputy Traffic Commissioner for Scotland (DTC) decision revoking his operator's licence and disqualifying him from holding a licence and acting as a transport manager.
- •The DTC found Strachan unlawfully used vehicles on another operator's licence (Bett's), exceeding his authorisation, and this was a deliberate attempt to circumvent his licence curtailment.
- •Strachan argued the DTC misinterpreted his intentions, the disqualification was excessive, and the process was procedurally unfair.
- •The Upper Tribunal (UT) heard the appeal and considered the concept of 'user' under the Goods Vehicles (Licensing of Operators) Act 1995.
- •Strachan's arrangement with Bett was not a genuine subcontracting arrangement and was a deliberate attempt to circumvent his licence curtailment.
Legal Principles
The Upper Tribunal's jurisdiction in appeals from Traffic Commissioner decisions.
Paragraph 17(1) of Schedule 4 to the Transport Act 1985
The standard of review for appeals from Traffic Commissioner decisions ('plainly wrong').
Bradley Fold Travel Limited v. Secretary of State for Transport [2010] EWCA Civ 695
Determining the 'user' of a vehicle under sections 2(1) and 58(2) of the Goods Vehicles (Licensing of Operators) Act 1995, considering the concept of 'control over the relevant activity' (Interlink Express Parcels v Night Trunkers Ltd [2001] EWCA CIV 360).
Interlink Express Parcels v Night Trunkers Ltd [2001] EWCA CIV 360
Proportionality in revoking operator's licences; considering the likelihood of future compliance and the impact on other operators.
Thomas Muir Haulage Ltd v Secretary of State 1998 SLT 666; Bryan Haulage (No.2) (T2002/217); 2009/225 Priority Freight Ltd & Paul Williams
Disqualification from holding an operator's licence under section 28 of the Goods Vehicles (Licensing of Operators) Act 1995.
Section 28 of the Goods Vehicles (Licensing of Operators) Act 1995
Disqualification from acting as a transport manager under paragraph 16 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995.
Paragraph 16 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995
Outcomes
Appeal allowed in part.
The UT upheld the revocation of Strachan's operator's licence but reduced the disqualification periods from holding a licence and acting as a transport manager.
Disqualification from holding an operator's licence reduced to five years.
The UT found the original ten-year disqualification excessive due to insufficient reasoning by the DTC and procedural irregularities regarding representations on the duration.
Disqualification from acting as a transport manager reduced to seven years.
Similar to the operator's licence disqualification, the UT found the indefinite disqualification excessive and lacked sufficient reasoning and procedural fairness.