Qasim Saleem t/a MS Foods Ltd

Where a Traffic Commissioner invites remittal of a revocation decision for fresh determination, and the operator raises no objection, the Upper Tribunal may allow the appeal and remit the matter to a different Traffic Commissioner where that course is in the interests of justice. The revocation decision is then set aside. A stay granted pending the appeal ends when the underlying revocation decision is set aside.

The appellant company held a restricted goods vehicle operator’s licence. Following an overloading prohibition and unsuccessful attempts by the Driver and Vehicle Standards Agency and the Office of the Traffic Commissioner to contact its director, the Traffic Commissioner revoked the licence on 9 October 2023.

The director appealed, explaining that a family bereavement and travel abroad had contributed to the lack of communication. He produced emails sent to the Driver and Vehicle Standards Agency which had not been before the Traffic Commissioner. The Traffic Commissioner stayed the revocation and invited the Upper Tribunal to remit the matter for redetermination. The appeal was determined on the papers without objection from either side.

1. Appeal allowed. The Upper Tribunal set aside the Traffic Commissioner’s decision revoking the appellant company’s operator’s licence and remitted the matter for redetermination by a different Traffic Commissioner.
2. The appeal had been lodged in time. The Traffic Commissioner had expressly requested a remittal after recognising that a more extended process might have been adopted had the emails sent to the Driver and Vehicle Standards Agency been known. The appellant company did not object to that course.
3. In those circumstances, the joint decision of the Upper Tribunal was that allowing the appeal and ordering a fresh determination before a different Traffic Commissioner was in the interests of justice.
4. The Tribunal did not finally determine whether the licence should be revoked, nor did it decide the proposed disqualification issue. Those matters were left for the fresh determination.
5. Because the revocation decision was set aside, the stay decision of 18 October 2023 came to an end.

• Upper Tribunal (Administrative Appeals Chamber): Appeal allowed. The revocation decision was set aside and remitted to a different Traffic Commissioner for redetermination.
• Traffic Commissioner for the East of England Traffic Area: On 9 October 2023, revoked the appellant company’s operator’s licence and indicated consideration of disqualification.