Direct Service Logistics Ltd: [2024] UKUT 386 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 22 November 2024
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Judicial Summary
The Office of the Transport Commissioner’s practice of informing standard licence holders, in Proposal to Revoke (PTR) letters given for the purposes of section 27 of the Goods Vehicles (Licensing of Operators) Act 1995, that, absent a request for an inquiry, the operator’s licence will be revoked anticipates an unlawful decision-making process. Section 27(3) provides that an operator’s licence may not be revoked without considering any representations duly made in response to a PTR letter. An operator’s failure to request an inquiry does not permit a Traffic Commissioner to disapply section 27(3).
A Traffic Commissioner has no power to grant a time-limited stay of a regulatory decision. The duration of a stay is set by Parliament in section 29(2) and (3) of the 1995 Act and a Traffic Commissioner may not lawfully stay a regulatory decision for some other period.