Kevin Roy Griggs t/a KDP Skips and Waste Removal
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ovey |
| Neutral Citation | [2024] UKUT 46 (AAC) |
| Published date | 27 March 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
1
KEVIN ROY GRIGGS, trading as KDP Skips and Waste Removal
[2024] UKUT 46 (AAC)
Appeal No.: UA-2023-000255-T
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
TRAFFIC COMMISSIONER APPEALS
IN AN APPEAL FROM THE DECISION OF:
NICHOLAS DENTON, DEPUTY TRAFFIC COMMISSIONER FOR THE
EAST OF ENGLAND TRAFFIC AREA
DATED 10th FEBRUARY 2023
Before:
Elizabeth Ovey, Judge of the Upper Tribunal
Richard Fry, Specialist Member of the Upper Tribunal
Sarah Booth, Specialist Member of the Upper Tribunal
Appellant: KEVIN ROY GRIGGS, trading as KDP Skips and Waste
Removal
Attendance: The Appellant appeared in person.
Heard at: The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A
1NL
Date of hearing: 28th September 2023
Date of decision: 8th February 2024
DECISION OF THE UPPER TRIBUNAL
IT IS HEREBY ORDERED that the appeal be DISMISSED.
SUBJECT MATTER: Restricted licence; subsequent convictions; whether fit
to hold a licence
CASES REFERRED TO: Bryan Haulage Limited (No. 2) 217/2002; Priority
Freight Limited and Williams 2009/225; Bradley Fold Travel Limited and Peter
Wright v. Secretary of State for Transport [2010] EWCA Civ695, [2011] R.T.R.
13; Redsky Wholesalers Limited T/2013/07, [2013] UKUT 0194 (AAC); Arnold
Appeal No.: UA-2023-000255-T
KEVIN ROY GRIGGS, trading as KDP Skips and Waste Removal
[2024] UKUT 46 (AAC)
2
Transport & Sons Limited v. Department of Environment Northern Ireland,
NT/2013/82, [2014] UKUT 0162 (AAC); Ingram (trading as T.I.P. Skips)
T/2018/10, [2018] UKUT 0353 (AAC).
REASONS FOR DECISION
Introduction
1. This is an appeal by Mr. Kevin Roy Griggs, trading as KDP Skips and
Waste Removal, against the decision of the Deputy Traffic Commissioner for
the East of England Traffic Area (“the TC”) given on 10th February 2023. By
his decision the TC revoked Mr. Griggs’s restricted goods vehicle operator’s
licence from 00.01 on 13th March 2023 and disqualified him from holding an
operator’s licence and from being the director of a company holding or
obtaining such a licence for the 12 month period from the revocation until 13th
March 2024.
2. Those parts of the TC’s decision were made under the provisions of the
Goods Vehicles (Licensing of Operators) Act 1995. The TC also revoked Mr.
Griggs’s vocational driving entitlement and disqualified him from driving large
goods vehicles for 12 months. The TC’s power to do so, however, was derived
from the Road Traffic Act 1988 and under s.119 of that Act any appeal must be
made to the magistrates’ court rather than to the Upper Tribunal.
The facts
3. Before the TC made his decision, Mr. Griggs was the holder of a
restricted licence with a start date of 2nd August 2018. He was called to a public
inquiry by a letter dated 24th October 2022 which identified areas of concern
which we summarise as:
3.1. Failure to notify convictions.
3.2. Failure to observe the rules on drivers’ hours and tachographs.
4. The detailed evidence leading to the TC’s concerns was contained in a
report dated 26th October 2021 from Police Constable Michael Collins, an
officer from the Commercial Vehicle Unit, supplemented by Mr. Griggs’s
application, dated 1st July 2018, for his licence. The relevance of the
application is that it contains standard form undertakings as to, among other
matters, the observance of the rules on drivers’ hours and tachographs, the
keeping of proper records and the notification of convictions.
5. In his evidence P.C. Collins explained that on 28th July 2021 he had
decided to stop a lorry, which turned out to be Mr. Griggs’s lorry, for a
tachograph analysis, roadworthiness inspection and document check. He duly
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