Key Facts
- •Lineage UK Transport Ltd appealed a Traffic Commissioner's (TC) decision to curtail its operating license by reducing the number of authorized vehicles for 28 days.
- •The curtailment followed a public inquiry into a vehicle prohibition due to brake defects and inadequate roller brake testing procedures.
- •The appellant argued the decision was disproportionate, punitive, and reputationally damaging, despite the curtailment having no practical impact on its business.
- •The Secretary of State was unusually joined as a party to the appeal.
- •The appeal concerned the interpretation of the Regulator's Code and the proportionality of the TC's decision.
Legal Principles
Traffic Commissioners' functions are defined by the Goods Vehicles (Licensing of Operators) Act 1995.
Goods Vehicles (Licensing of Operators) Act 1995, Section 1
Operators must hold a license to use goods vehicles on the road.
Goods Vehicles (Licensing of Operators) Act 1995, Section 2
Licenses can be revoked, suspended, or curtailed for various reasons, including prohibitions and failure to fulfill undertakings.
Goods Vehicles (Licensing of Operators) Act 1995, Section 26
Regulatory activity should be transparent, accountable, proportionate, and consistent; targeted only at cases where action is needed.
Legislative and Regulatory Reform Act 2006, Section 21
Regulators must have regard to the Regulator's Code when developing policies and operational procedures.
Regulator's Code (made under Legislative and Regulatory Reform Act 2006, Section 22)
The Upper Tribunal reviews TC decisions for errors of law or fact, not rehearing the evidence.
Bradley Fold Travel Ltd and Anor v Secretary of State for Transport [2010] EWCA Civ 695
Deterrence is a legitimate consideration in TC decisions; sanctions don't need to be reserved for the worst operators.
Thomas Muir (Haulage) Ltd [1999] SC 86; John Stuart Strachan t/a Strachan Haulage [2019] UKUT 287 (AAC); Coach Hire Surrey Ltd [2020] EWCA Civ 1706
Outcomes
Appeal dismissed.
The Upper Tribunal found the TC's decision was proportionate and justified, considering the operator's failure to have adequate brake testing systems despite an otherwise good compliance record. The sanction, while having no practical impact, served as a necessary deterrent.