Mark Davies successful in appeal to Upper Tribunal on behalf of Scottish coach operator

Mark Davies recently appeared for a major Scottish coach operator in a successful appeal against the decision of the Traffic Commissioner to revoke its public service vehicle operator licence for failing to properly nominate a Transport Manager.

The operator, which was a longstanding company with a healthy balance sheet and a large fleet, had sought to nominate a new Transport Manager through the relevant online portal and had provided certificates of competence for its proposed candidate. The proposed Transport Manager was then unable to verify his identity through the online portal and so could not sign the declaration on the form.

The Office of the Traffic Commissioner wrote to the operator requesting verification of the identity of the candidate (and the completion of the declaration) and a letter addressing the issue of continuous and effective management. The letter warned that a failure to do so would result in the revocation of the operator’s licence.

The nominated Transport Manager sought to verify his identity at the local Post Office but failed to follow up on an email confirming the same and, regrettably, entirely missed the requirement to provide a letter addressing continuous and effective management.

Following the lapse of the deadline, the operator’s licence was revoked by the Deputy Traffic Commissioner for Scotland without further notice.

Mark was successful in obtaining a stay of the Traffic Commissioner’s decision pending the appeal, which was lodged on two related grounds, namely that the principles of natural justice had required a public inquiry to be held (even in the absence of a request for one) and that the single-request letter revocation procedure adopted by the Office of the Traffic Commissioner had resulted in disproportionate interference with the operator’s rights under Article 1 of the First Protocol. The appeal was allowed on both grounds.

The case provides a strong reminder to operators, and particularly their directors and Transport Managers, of the need to ensure that requests from the Office of the Traffic Commissioner are properly actioned and overseen so as to avoid costly mistakes.

Mark was instructed on a Direct Access basis and supported by Beverley Bell CBE of Beverley Bell Consulting and Training.

Please see Tribunals’ decision here.