Key Facts
- •SCA Haulage Ltd's operator's licence was revoked by the Head of the Transport Regulation Unit (TRU).
- •The revocation was due to late submission of evidence requested in call-up letters.
- •SCA Haulage Ltd appealed, arguing procedural irregularity.
- •The appeal focused on the TRU's failure to consider evidence submitted before the decision.
- •The evidence included bank statements showing a healthy balance, addressing concerns about financial standing.
Legal Principles
Operator's licences require continuous compliance with regulations; revocation can occur at any time for reasonable cause.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Appeals to the Upper Tribunal review the material before the TRU, not a full retrial. The appellant must show the decision is wrong.
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI; Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport [2010] EWCA Civ. 695
Outcomes
Appeal allowed.
The Head of the TRU's failure to consider submitted evidence was a procedural irregularity, making the decision plainly wrong.
Case remitted to the Department for reconsideration.
A further Public Inquiry is recommended before a different decision-maker to consider the additional evidence.