Kevin McCaul t/a McCaul Transport v Department for Infrastructure for Northern Ireland

An appellate tribunal reviewing a regulatory decision must review the material before the original decision-maker and intervene only where the reasoning or application of the law requires a different view. A decision to adjourn a public inquiry should balance the operator’s preparation, conduct, available documentation, likely delay and the consequences of adjournment. Disqualification under the operator-licensing regime is protective and regulatory, rather than punitive. Its duration is a matter of fact and degree, informed by the likelihood of future compliance and whether the operator should be put out of business. Persistent serious infringements, inadequate management, failure to cooperate and absence of evidence of improvement may justify indefinite disqualification.

The appellant operated a goods vehicle business under a standard international operator’s licence and also acted as its transport manager. Following repeated serious regulatory infringements, an unsatisfactory compliance audit and failures to provide information, the Department for Infrastructure held a public inquiry. The appellant did not attend. His representative sought an adjournment, which was refused, and the Department revoked the licence and imposed indefinite disqualifications from holding an operator’s licence and acting as a transport manager.

The appeal initially challenged the adjournment, revocation and disqualifications. By the hearing, revocation was no longer contested. The issues were whether the inquiry should have been adjourned and whether the indefinite disqualifications were legally or proportionately imposed.

1. Appeal dismissed. The Upper Tribunal reviewed the information before the Department and its decision. Applying the approach in Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI and Bradley Fold Travel Ltd & Anor v Secretary of State for Transport, the appellant had to show that the reasoning and application of the law required a different view. The relevant shorthand was that the decision had to be plainly wrong.
2. The refusal to adjourn was lawful. The Department had considered the applicable factors, including the appellant’s conduct, the missing documentation, the impending hearing and the likely length of any adjournment. The appellant had failed to progress his case, provide requested documents or excuse his attendance. The hearing-time pressure was not determinative. The decision was not plainly wrong.
3. Disqualification under Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, section 25, is directed to achieving the objectives of the licensing system rather than punishing infringements. Its duration is a matter of fact and degree. The relevant questions were how likely the operator was to comply in future, as identified in Priority Freight Ltd & Paul Williams, and whether the conduct was such that the operator ought to be put out of business, as identified in Bryan Haulage (No.2).
4. The Department was entitled to rely on the number, gravity and repetition of the infringements, the unsatisfactory audit, failures concerning vehicle maintenance and drivers’ hours, lack of financial information, and lack of cooperation. There was no evidence of positive action producing improvement. The indefinite disqualifications were therefore not plainly wrong. The reasoning in Thomas Muir Haulage Ltd v Secretary of State confirmed the protective, rather than punitive, purpose of disqualification.
5. The failure to defer the decision for written submissions did not alter the outcome. Although a short delay could have been allowed, the appellant still lacked the relevant documents and instructions. The decisions to proceed in his absence, revoke the licence and impose the disqualifications were upheld.

• Upper Tribunal (Administrative Appeals Chamber): The appeal against the Department for Infrastructure’s decision dated 23 November 2021 was dismissed. The Department’s decision had revoked the operator’s licence and imposed indefinite disqualifications.