Appeals Against the Traffic Commissioner

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Appeals Against the Decision of the Traffic Commissioner

If you are unhappy with the decision of the Traffic Commissioner, you are entitled to appeal to the Upper Tribunal. For example, you may be unhappy with a decision:

• To refuse your application for an Operator’s Licence (or variation to an existing licence);
• To suspend, curtail or revoke a licence;
• Regarding the repute or professional competence of a Transport Manager;
• Regarding an individual driver’s vocational entitlement;
• To disqualify an individual or entity from holding an Operator’s Licence.

The grounds on which you can appeal can include:

• The decision of the Traffic Commissioner was wrong;
• The Traffic Commissioner misdirected themselves or applied the wrong law;
• The Traffic Commissioner failed to take into account something which they ought properly to have taken into account;
• The Traffic Commissioner took something into account which ought not to have been taken into account.

Once they have heard your case, the Upper Tribunal can do one of the following:

• Refuse your appeal and uphold the original decision of the Traffic Commissioner;
• Overturn the decision of the Traffic Commissioner and implement a new decision;
• Revert the matter back to the Traffic Commissioner (which can be a different Commissioner if appropriate) for a rehearing.

It is open to you to apply for a stay of the Traffic Commissioner’s decision pending the appeal. An application of this nature is made to the Traffic Commissioner in the first instance but can be reviewed by the Upper Tribunal if a stay is refused.

If you are considering an appeal following an unfavourable decision by the Traffic Commissioner, get in touch with Richard Nelson LLP. Our transport solicitors will advise you on the merits of any potential appeal and assist you if you decide to go ahead with it. Get in touch with us to find out more.