Armstrong Freight Logistics Ltd
[2024] UKUT 130 (AAC)
K & K HGV Transport Ltd
14 November 2024
[2024] UKUT 366 (AAC)
Upper Tribunal
A trucking company's license was revoked because they didn't have a required manager. They appealed, saying family problems prevented them from fixing it, but the court said the rules are the rules, and road safety is more important than their personal circumstances. The appeal failed.
Key Facts
- •K & K HGV Transport Ltd's operator's licence was revoked by the Traffic Commissioner on June 4, 2024.
- •The revocation was due to the company's failure to designate a transport manager as required by law.
- •The company was given multiple opportunities to rectify the situation but failed to do so.
- •The company's director, Mr. Ozbalci, appealed the decision, citing personal family circumstances.
- •Mr. Ozbalci did not attend the initial hearing on time and the appeal was heard in his absence.
- •The appeal was dismissed by the Upper Tribunal.
Legal Principles
A Traffic Commissioner must revoke a standard operator's licence if the licence-holder no longer meets the requirements of section 13A of the Goods Vehicles (Licensing of Operators) Act 1995.
Goods Vehicles (Licensing of Operators) Act 1995, section 27(1)(a)
Section 13A requires corporate operators to designate a suitable transport manager.
Goods Vehicles (Licensing of Operators) Act 1995, section 13A
A Traffic Commissioner can grant a 'period of grace' to rectify regulatory breaches.
Goods Vehicles (Licensing of Operators) Act 1995, section 27(3A)
The Upper Tribunal will uphold a Traffic Commissioner's decision unless there is an error of law or fact.
Implied from the Upper Tribunal's decision
The overriding objective of the Upper Tribunal Rules is to deal with cases fairly and justly.
Upper Tribunal Rules (implied)
Outcomes
Appeal dismissed.
The Traffic Commissioner's decision involved no error of law or fact. The Appellant's personal circumstances, while unfortunate, were not relevant to the regulatory requirements for maintaining a valid operator's licence.