Automated Summary
Key Facts
The Upper Tribunal dismissed an appeal by Absolute Business Services (Scotland) Ltd (ABSSL) against the revocation of its goods vehicle operator's licence (OM1107082) under Sections 26(1)(h) and 27(1) of the Goods Vehicles (Licensing of Operators) Act 1995. The revocation occurred on 5 January 2019 after ABSSL failed to nominate a transport manager following the resignation of their specified transport manager in August 2018 and did not respond to multiple warnings and requests from the Traffic Commissioner between August 2018 and November 2018. The Tribunal confirmed the Traffic Commissioner had provided proper notice and that revocation was proportionate given ABSSL's non-compliance with procedural requirements.
Issues
- The operator claimed they were not provided with the reasons for revocation, but the TC's letter of 27 November 2018 detailed the grounds (lack of professional competence and failure to nominate a transport manager), which was delivered and acknowledged at an address used by ABSSL. The Upper Tribunal found the reasons were provided, and ABSSL's failure to respond did not justify overturning the decision.
- ABSSL argued revocation was disproportionate after only one communication attempt, but the TC had sent multiple letters (9 August, 5 September, 26 September, and 27 November 2018) to all known addresses. The Upper Tribunal found the communication attempts were adequate and not disproportionate, as one letter was successfully delivered and signed for.
Holdings
- The Upper Tribunal concluded that the TC was entitled to revoke the licence without a public inquiry because ABSSL did not request one. The procedural requirements were met, and there was no indication that an inquiry was necessary to fairly decide the case.
- The Upper Tribunal determined that the Traffic Commissioner (TC) provided the reasons for revocation to ABSSL, as the 27 November 2018 letter was delivered and signed for at a business address used by the company. This was supported by track and trace evidence and the Senior Traffic Commissioner's Guidance, which emphasized the operator's responsibility to manage correspondence effectively.
- The appeal was dismissed as the Upper Tribunal found no grounds to interfere with the TC's decision. ABSSL's future intentions and improved practices did not affect the legal or factual basis of the revocation, which was properly executed under the relevant statutes.
- The court found that the TC's decision to revoke was not disproportionate, as multiple attempts were made to communicate with ABSSL at all known addresses. The TC sent several letters requesting action, and despite delivery confirmation, ABSSL did not respond or request an inquiry.
Remedies
- The stay previously granted on 7 February 2019 is lifted, allowing the revocation to take effect.
- The Upper Tribunal dismissed the appeal against the Traffic Commissioner's decision to revoke the license.
- The goods vehicle operator's licence OM1107082 was revoked by the Traffic Commissioner and the Upper Tribunal's decision upholds this revocation.
Legal Principles
The Upper Tribunal applied judicial review principles to assess whether the Traffic Commissioner's revocation of the operator's licence was lawful. The court considered proportionality under Section 29(1) of the 1995 Act, determining that multiple attempts to communicate with the operator were not disproportionate. It also upheld the deeming provisions of Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations 1995, which treat notices sent to proper addresses as delivered even if not received.
Cited Statute
- Transport Act 1985
- Goods Vehicles (Licensing of Operators) Act 1995
- Interpretation Act 1978
- Goods Vehicles (Licensing of Operators) Regulations 1995
Judge Name
- Mr L Milliken
- A I Poole QC
- Mr D Rawsthorn
Passage Text
- The Upper Tribunal was accordingly unpersuaded by the grounds of appeal advanced. There were no grounds to interfere with the TC's decision to revoke ABSSL's goods vehicle operator's licence OM1107082, and the appeal fell to be dismissed.
- The appeal is DISMISSED. The stay granted on 7 February 2019 is lifted and the operator's licence OM1107082 is revoked with effect from 10 May 2019.
- In fact, multiple attempts were made by the TC to communicate with ABSSL, at all known addresses ABSSL had provided. First, ABSSL was given opportunities to complete the appropriate forms to nominate an alternative transport manager... Second, the TC wrote formally on 27 November 2018... No public inquiry was requested.