Armstrong Freight Logistics Ltd: [2024] UKUT 130 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 8 May 2024.
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Judicial Summary
Where the designated transport manager under an operator’s interim licence resigned, the operator was required to take immediate steps to secure an alternative transport manager. The operator was not permitted to wait until the Traffic Commissioner had informed the operator that an alternative transport manager was required. The Traffic Commissioner did not act unfairly in allowing the operator only a three week ‘period of grace’ in which to locate an alternative transport manager. When the Commissioner granted that period of grace, the operator had already been without a transport manager for five weeks. The operator was given a fair opportunity to secure a replacement manager before the Traffic Commissioner rejected the operator’s application for a standard licence under the Goods Vehicles (Licensing of Operators) Act 1995.