Jasbir Singh

An appellate tribunal will interfere with a Traffic Commissioner’s licensing decision only where the decision is plainly wrong or disproportionate. Sustained and serious compliance failures, breaches of undertakings, unlawful operation during suspension, lack of transparency and a demonstrated failure of trust may justify revocation, loss of good repute and substantial disqualification. The absence of one alleged aggravating feature, such as fronting, is not itself a positive mitigating factor. It simply leaves that feature out of the assessment.

The appellants, Jasbir Singh and R&J Transport PVT Limited, appealed against the Traffic Commissioner’s decision of 11 March 2022. The Commissioner revoked R&J’s operator’s licence under the Goods Vehicles (Licensing of Operators) Act 1995, disqualified both appellants for seven years and found that they had lost their good repute. The appeal was advanced solely on proportionality. The appellants argued that suspension, curtailment and improved management would have been sufficient, and that seven years’ disqualification was excessive.

The central issue was whether the Commissioner’s orders were plainly wrong or disproportionate.

1. Appeals dismissed. The Tribunal held that the Traffic Commissioner’s findings were well supported and that the orders were neither plainly wrong nor disproportionate, applying the approach in (2010) EWCA Civ 695.
2. The evidence established an overwhelming and very serious case. Relevant features included sustained maintenance and drivers’ hours failures, breaches of undertakings, operation during a period of suspension, failure to provide raw operational data, continuing lack of transparency in dealings with connected businesses, and failure to cooperate with regulatory directions. The appellants had already received repeated opportunities to demonstrate compliance and trustworthiness.
3. The Tribunal upheld the finding that the operator and Mr Singh had lost their good repute and could not be trusted to operate compliantly. Revocation was therefore justified. The Tribunal considered that the absence of a finding of fronting was not a positive feature. It merely removed one possible aggravating feature from the assessment.
4. The seven-year disqualification was also proportionate. The seriousness and persistence of the conduct, together with the aggravating features identified by the Commissioner, justified the period imposed.

• Traffic Commissioner for the South East and Metropolitan Traffic Area: On 11 March 2022, revoked R&J’s operator’s licence and disqualified both appellants for seven years.
• Upper Tribunal (Administrative Appeals Chamber): Dismissed both appeals on 28 October 2022.