Appleton Commercial Services Ltd

A Traffic Commissioner must revoke a standard operator’s licence when the operator ceases to satisfy the transport-manager requirement and an authorised period of grace expires without the situation being rectified. A period of grace permits temporary lawful operation, but it does not remove the underlying mandatory requirement. The operator must secure the Commissioner’s acceptance of a suitable transport manager before the deadline, or seek an extension before the period expires. Once the period has expired, the mandatory duty to revoke under the Goods Vehicles (Licensing of Operators) Act 1995 applies.

The operator’s standard operator’s licence was revoked by the Traffic Commissioner on 17 October 2024. A three-month period of grace had been granted after the operator ceased to have a transport manager specified on its licence. The operator did not appoint an accepted transport manager, respond to the relevant correspondence, request a public inquiry, or seek an extension before the period expired.

The operator appealed to the Upper Tribunal, relying on difficulties in finding a suitable replacement, continuing business commitments, and illness affecting its director. The central issue was whether the Traffic Commissioner had erred in law or fact by revoking the licence when the period of grace had expired.

1. The appeal was dismissed. The Traffic Commissioner’s decision to revoke operator’s licence OH2053322 was lawful and the licence remained revoked.
2. Under section 27(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995, a Traffic Commissioner must direct revocation where the licence-holder no longer satisfies a requirement of section 13A, including the requirement for a company to designate a suitable transport manager meeting paragraph 14A of Schedule 3.
3. Sections 27(3A) and 27(3AA) provide a limited mechanism for a period of grace. That mechanism permits temporary lawful operation while the operator rectifies the situation, subject to the statutory time limits. It does not suspend the underlying requirement or permit operation indefinitely without an accepted transport manager.
4. Before the period of grace expired, the operator had to provide sufficient information and secure the Traffic Commissioner’s acceptance of a suitable transport manager. The operator did neither, and no request for an extension or information about the director’s illness was placed before the Commissioner.
5. Once the period expired on 16 October 2024, the operator was in breach of a mandatory regulatory requirement. Applying Blackmur T/A IJB Transport [2021] UKUT 0312 (AAC), section 27(1) required revocation. The later explanation concerning illness and continuing efforts to recruit did not make the revocation unlawful.

• Upper Tribunal (Administrative Appeals Chamber): Appeal dismissed. The Traffic Commissioner’s decision of 17 October 2024 revoking the operator’s licence was upheld.
• Traffic Commissioner, West of England Traffic Area: On 17 October 2024, the operator’s licence was revoked after the period of grace expired without an accepted transport manager being appointed.