Upper Tribunal (Administrative Appeals Chamber), December 02, 2016, [2016] UKUT 536 (AAC)

Resolution Date:December 02, 2016
Issuing Organization:Upper Tribunal (Administrative Appeals Chamber)
Actores:Hazell (Transport – Traffic Commissioner and DoE (NI) Appeals entries from Jan 2016 : Public service vehicles)
 
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MH [2016] UKUT 0536 (AAC)

T 2016 024

[2016] UKUT 0536 (AAC)

IN THE UPPER TRIBUNAL T/2016/24

ADMINISTRATIVE APPEALS CHAMBER

Appellant: Michael HAZELL

On Appeal From: Traffic Commissioner for the West of England

Reference: PH1140601

Public Inquiry Date: 4th and 26th April 2016

Venue: Bristol

Decision Date: 27th April 2016

Appeal to Upper Tribunal: 26th May 2016

Upper Tribunal Hearing: 6th September 2016

DECISION OF THE UPPER TRIBUNAL

ON AN APPEAL AGAINST THE TRAFFIC COMMISSIONER

Upper Tribunal Judge H. Levenson

Upper Tribunal Member G. Inch

Upper Tribunal Member M Farmer

100.15 (Traffic Commissioner Appeals: Public Service Vehicles: Discretionary Conditions Attached to Grant of Licence).

T/2016/024

DECISION OF THE UPPER TRIBUNAL

(ADMINISTRATIVE APPEALS CHAMBER)

ON AN APPEAL AGAINST THE TRAFFIC COMMISSIONER FOR THE WEST OF ENGLAND

Decision

  1. This appeal succeeds in part. We vary the decision of the Traffic Commissioner (``the Commissioner'') given on 26th and 27th April 2016 under reference PH1140601. We amend condition 3(b) in the Commissioner's decision letter of 27th April 2016 by inserting the words ``and credit card'' after the word ``bank'' but confirm the decision and condition 3(a) in relation to Tony Hazell.

    Hearing

  2. We held an oral hearing of the appeal at Field House (London) on 6th September 2016. The appellant, Mr Michael Hazell, had intended to be present but was unable to attend ``due to a family emergency''. We considered the matter on the basis of the papers. There were no other parties to the appeal.

    The Relevant Provisions

  3. So far as is relevant the Public Passengers Vehicle Act 1981 (as amended) provides as follows (references are to section numbers):

    14(1) On an application for a standard licence a traffic commissioner must consider whether the requirements of sections 14ZA and 14ZC are satisfied.

    14ZA (1) The requirements of this section are set out in subsections (2) and (3).

    (2) The first requirement is that the traffic commissioner is satisfied that the applicant -

    ...

    (c) has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation).

    ...

    14ZC The requirement of this section is that the traffic commissioner is satisfied -

    (a) that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

    (b) that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

    16(3) A traffic commissioner may attach to a PSV operator's licence (whether at the time when the licence is granted or at any later time) such conditions or additional conditions as [he thinks fit] for restricting or...

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