The revocation of BETC’s 40-vehicle international licence by Traffic Commissioner (TC) Sarah Bell has been quashed on appeal.
The Upper Tribunal has directed that the company be called to a fresh Public Inquiry (PI) before a different TC.
The company, of Truslove Road, West Norwood, London, was called to a PI in May 2017 after one of its vehicles was involved in a bridge strike in October 2016.
The company’s Transport Manager (TM) had resigned shortly after the incident and the company sought to nominate a new TM and to downgrade the licence as he only held a national CPC.
During the course of the PI the TC became concerned about the ability or otherwise of the sole Director Richard Hill to properly run, monitor and oversee the business.
In adjourning the hearing and extending the period of grace for the appointment of the new TM to be processed, the TC indicated that she wanted to know who was actually operating, and said that she would invite others to look at all the various company connections.
She required a witness statement from Mr Hill addressing the various issues.
The indication at the PI was that it would only be concluded without a reconvened hearing in circumstances where there was agreement between the TC and BETC as to what would happen, as would be spelled out in a “minded to” letter.
A witness statement of 8 June 2017 was provided. The TC’s Office (OTC) then wrote setting out some more concerns regarding Mr Hill’s possible connections with a number of other companies.
A further witness statement of 2 October 2017 addressing those issues then followed. On 6 June 2017 the proposed TM wrote a short letter to the OTC explaining he was to cease work for BETC on 15 December 2017 and was then to take up a new position with Arriva.
The company was given by letter until 29 May 2018 to appoint a new TM.
The company sought to appoint a new TM, but there was a problem as he had been disqualified from driving for two years after being convicted of driving without a licence or insurance.
The company was notified by letter that its licence was being revoked on 28 June 2018.
The Tribunal said that there had been a failure to deal with the TM issue as promptly as it should have been, and unfairness had been caused by the TC revoking the licence without affording BETC a further opportunity to be heard.
They considered that matters should start afresh with a different TC. The issues to be covered would include all of the matters referred to in the original call-up letter.
The TC concerned could also, if so wished, look at the additional areas of concern with respect to the sole director’s running of BETC and the apparent connections he had, or BETC had or may have had, with various other companies.
