Central Haulage Limited & Ors
[2024] UKUT 22 (AAC)
Kevin King, trading as Kevin King & Sons Transport, Re
8 February 2024
[2024] UKUT 47 (AAC)
Upper Tribunal
A haulage business owner and his company lost their licenses because the owner let his driver use his digital driving card to falsify driving records. He also lied to officials about it. A higher court agreed that taking away the licenses was the right thing to do.
Key Facts
- •Kevin King (trading as Kevin King & Sons Transport) and KD Plant & Haulage Ltd. appealed the revocation of their operator's licences and Mr. King's disqualification as a transport manager.
- •The Traffic Commissioner (TC) found Mr. King knowingly allowed his driver, Jason Day, to use his digital tachograph card, pressured Day to commit drivers' hours offences, failed to cooperate with a DVSA investigation, and made a false application for an operator's licence.
- •The TC also found Ms. Wallace, a director of KD Plant & Haulage Ltd., failed to make full disclosure in the licence application.
- •The appeal focused on whether the TC's findings of fact were correct, whether the regulatory action was proportionate, and whether sufficient reasons were given.
Legal Principles
Wednesbury unreasonableness
Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948] 1 K.B. 223
Upper Tribunal review of Traffic Commissioner decisions – ‘plainly wrong’ test
Bradley Fold Travel Limited and Peter Wright v. Secretary of State for Transport [2010] EWCA Civ 695, [2011] R.T.R. 13
Priority Freight question: How likely is the operator to comply in future?
Priority Freight Limited and Williams 2009/225
Bryan Haulage question: Should the operator be put out of business?
Bryan Haulage Limited (No. 2) 217/2002
Goods Vehicles (Licensing of Operators) Act 1995, sections 13, 13A, 26, 27, 28, and Schedule 3
Goods Vehicles (Licensing of Operators) Act 1995
Outcomes
Appeal dismissed
The Upper Tribunal found the TC's findings of fact were reasonable and supported by the evidence. The regulatory action, including licence revocation and disqualifications, was deemed proportionate given the severity of Mr. King's and Ms. Wallace's actions.