S & D Haulage Ltd: [2022] UKUT 82 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Beech on 14 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 March 2022

• Categories: Transport - Traffic Commissioner and DoE (NI) Appeals
• Sub-categories: Transport - Traffic Commissioner and DoE (NI) Appeals - Repute & Fitness, Transport - Traffic Commissioner and DoE (NI) Appeals – Applications, Transport - Traffic Commissioner and DoE (NI) Appeals – Other
• Judges: Beech, J
• Decision date: 14 March 2022

Read the full decision in UA-2021-000333-T.

Judicial Summary

Appellant company incorporated a month after the husband of the sole director was notified that an investigation was to take place into his operator’s licence. The application was for a licence authorising the same number of vehicles as authorised on her husband’s licence along with the same operating centre and her husband was initially nominated as transport manager. Moreover, a large portion of the financial standing requirement was met by an interest free loan from her husband’s operation. “Fronting” was suspected. The application was refused on good repute grounds under s.13(2)(b) and Schedule 3 of the Goods Vehicles (Licensing of Operators) Act 1995. The appeal was dismissed as the decision of the Deputy Traffic Commissioner was plainly right on the evidence before him.

Published 23 March 2022