Key Facts
- •Nyanza Express Transport and Training Ltd, owned and managed by Paul Mboya, had its operator's licence revoked.
- •Multiple serious breaches of regulations were found, including falsified maintenance records and failure to comply with previous undertakings.
- •Mboya was disqualified from acting as a transport manager for three years and from holding an operator's licence for one year.
- •The Traffic Commissioner found that mandatory grounds for revocation under sections 27(1)(a) and (b) of the 1995 Act were met.
- •Mboya appealed the decision, arguing that the penalties were too harsh and that he had not been given a fair opportunity to present all evidence.
Legal Principles
Grounds for revocation of an operator's licence
Goods Vehicles (Licensing of Operators) Act 1995
Mandatory revocation of a standard operator's licence
Goods Vehicles (Licensing of Operators) Act 1995
Disqualification from holding or obtaining an operator's licence
Goods Vehicles (Licensing of Operators) Act 1995
Disqualification from acting as a transport manager
Goods Vehicles (Licensing of Operators) Act 1995, Schedule 3
Proportionality of penalties
Goods Vehicles (Licensing of Operators) Act 1995, Schedule 3, Annex D to the Senior Traffic Commissioner’s Statutory Document No.10
Outcomes
Appeal dismissed
The Upper Tribunal found that the Traffic Commissioner's decision to revoke the operator's licence and disqualify Mboya was proportionate and justified by the serious nature of the breaches.