Traffic Commissioner Appeals
A decision by the Traffic Commissioner can have serious consequences for an operator, Transport Manager or licence applicant. If you believe that a decision should be challenged, it is important to obtain advice promptly and establish whether you have a right of appeal.
Appeals against specified operator licensing and Transport Manager decisions are heard by the Administrative Appeals Chamber of the Upper Tribunal. An appeal is not a complete rehearing of the original case, so the decision, the reasons given and the material considered by the Traffic Commissioner need to be examined carefully.
I can advise you on the Traffic Commissioner’s decision, whether you have a right of appeal and whether there are proper grounds for challenging it.
Can I Appeal a Traffic Commissioner's Decision?
A right of appeal to the Upper Tribunal is available against specified Traffic Commissioner decisions at a Public Inquiry. These include certain decisions concerning Operator’s Licence applications and variations, regulatory action against an existing licence, disqualification, and orders affecting a Transport Manager’s repute or professional competence. The precise right of appeal depends on the decision made and the legislation under which it was made.
Not every decision or communication can be appealed to the Upper Tribunal. For example, the statutory guidance states that there is no Upper Tribunal appeal against a warning, the refusal of an interim goods vehicle licence or a freely given undertaking.
Vocational drivers use a different appeal route. An appeal against a Traffic Commissioner’s decision concerning LGV or PCV vocational entitlement is made to the local Magistrates’ Court in England and Wales or the Sheriff Court in Scotland, not to the Upper Tribunal.
For an Upper Tribunal appeal, the notice of appeal must normally be received within one month of the date on which notice of the decision was sent to the appellant. An appeal submitted late must explain the delay, and acceptance is not automatic.
Preparing a Traffic Commissioner Appeal
An appeal must identify why the Traffic Commissioner’s decision should be set aside or changed. Disagreement with the outcome is not enough, and an Upper Tribunal appeal is not a complete rehearing of the original case.
Depending on the circumstances, the proposed appeal may require consideration of:
- whether the Traffic Commissioner made an error of law;
- whether a material finding was supported by the evidence;
- whether relevant matters were properly considered;
- whether an irrelevant matter materially affected the decision;
- whether the procedure was fair; and
- whether the reasoning and application of the law show that the decision was plainly wrong.
Grounds and Approach to a Traffic Commissioner Appeal
Preparing an appeal starts with a careful review of the Traffic Commissioner’s written decision, the reasons given and the material that was before the Traffic Commissioner.
Preparation may include:
- confirming that a right of appeal exists;
- reviewing the written decision and reasons;
- examining the evidence and submissions relevant to the decision;
- identifying the findings or conclusions being challenged;
- considering whether there was material procedural unfairness;
- preparing full written grounds of appeal;
- considering whether any proposed new evidence can properly be admitted; and
- ensuring that the appeal is lodged within the applicable time limit.
The Upper Tribunal has discretion to admit new evidence, but the statutory guidance states that the evidence must satisfy particular conditions, including that it could not have been obtained with reasonable diligence for use at the original hearing. An appeal should not therefore be approached as an opportunity to rebuild the case using evidence that could have been presented earlier.
What Can Happen After a Traffic Commissioner Appeal
The outcome will depend on the decision being challenged, the grounds of appeal and the circumstances of the individual case.
An appeal may be dismissed, in which case the Traffic Commissioner’s decision remains in place. If an appeal succeeds, the decision may be set aside or changed, or the matter may be sent back for reconsideration or rehearing.
A successful appeal does not necessarily produce the licence or regulatory outcome originally sought. The appropriate result will depend on the error identified and the Upper Tribunal’s decision.
How I Can Help with a Traffic Commissioner Appeal?
I can review the Traffic Commissioner’s written decision, the reasons given and the material relevant to the decision, and advise you on whether you have a right of appeal and whether there are proper grounds for challenging it. Where an appeal is appropriate, I can prepare the grounds of appeal, deal with the appeal process and represent you before the Upper Tribunal.
Bringing an appeal does not automatically suspend the Traffic Commissioner’s decision. Where appropriate, I can also advise on applying to the Traffic Commissioner for a stay. If that application is refused, a further application may be made to the Upper Tribunal.
Do You Want to Challenge a Traffic Commissioner Decision?
If you have received a Traffic Commissioner’s decision and believe it should be challenged, contact me promptly to discuss the decision, the applicable time limit and whether there are grounds for an appeal.