John Stuart Strachan t/a Strachan Haulage: [2024] UKUT 226 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Smith on 31 July 2024
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Judicial Summary
The appeal is allowed in part. The Deputy Traffic Commissioner for Scotland was entitled to revoke the operator’s licence on the evidence before him, and was entitled to disqualify the Appellant from holding an operator’s licence and from acting as transport manager. However, he failed to conduct a proper assessment of the overall impact of the revocation and disqualification orders when making his decision as to the duration of the disqualifications. There were insufficient reasons given for the choice of both periods of disqualification. The decisions of the Deputy Traffic Commissioner are confirmed except for the disqualification orders which are re-made by the Upper Tribunal under paragraph 17(2)(a) of Schedule 4 to the Transport Act 1985.