Appeal to The Upper Tribunal: Traffic Commissioner acted unlawfully when Disqualifying Operator and Director

This Operator, represented by Simon Clarke, was disqualified by the Traffic Commissioner from holding or obtaining and Operators’ Licence for 2-years or from “….being involved in any entity that holds or attains such a licence….”

On appeal to the Upper Tribunal Simon Clarke argued that the disqualification was unlawful both on its terms and in principle. On its terms, Simon argued that because the Traffic Commissioner had not asked for representations as to the need for, length of and effects on the Operator of any disqualification, the Traffic Commissioner had acted unfairly. The Upper Tribunal agreed that it was incumbent upon the Traffic Commissioner to do so. On the matter of principle, Simon argued firstly that the use of the term “Forced removal” from the industry suggested that the Operator and Director were being punished, which was not a function of the Traffic Commissioner – again the Upper Tribunal agreed, saying that “regulatory action should be designed to assist in the promotion of ….road safety and competition. …Expressions connoting punishment are…best avoided….”.

Simon also argued that by extending the disqualification so as to prevent the Operator or Director from “….being involved in any entity that holds or attains such a licence….” she was going beyond the power to disqualify and thus again was acting unlawfully. Again the Upper Tribunal agreed with Simon, saying that such a disqualification “was something the Traffic Commissioner was not empowered to impose.”