Kibex Limited and Paula Baillie
| Jurisdiction | UK Non-devolved |
| Judge | Judge Caldwell |
| Neutral Citation | [2018] UKUT 82 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Transport - Traffic Commissioner,DoE (NI) Appeals,DoE (NI) Appeals - Disqualification,DoE (NI) Appeals - Financial Standing,Transport - traffic Commissioner,DoE (NI) Appeals - Public Service Vehicles,DoE (NI) Appeals - Repute,Fitness,DoE (NI) Appeals - Termination by law,withdrawal or surrender,Caldwell,M |
| Date | 13 March 2018 |
| Published date | 21 March 2018 |
NCN: [2018] UKUT 0082 (AAC)
Appeal No. T/2017/52
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
TRAFFIC COMMISSIONER APPEALS
ON APPEAL from the DECISION of the TRAFFIC COMMISSIONER FOR THE
SCOTTISH TRAFFIC AREA (Ms J Aitken)
Dated: 23 June 2017
Before:
Marion Caldwell QC Judge of the Upper Tribunal
Mr. David Rawsthorn Member of the Upper Tribunal
Mr. Andrew Guest Member of the Upper Tribunal
Appellants:
KIBEX LTD. and PAULA BAILLIE
Attendance:
For the Appellants: Mr. G. McAteer, Solicitor, Beltrami & Co.
Heard at: George House, 126 George Street, Edinburgh.
Date of Hearing: 6 December 2017
Date of Decision: 13 March 2018
DECISION OF THE UPPER TRIBUNAL
The appeal is dismissed.
Subject Matter
Application for a standard national public service vehicle operator’s licence to operate 4
vehicles; financial standing; good repute; shadow director; revocation of restricted licence;
disqualification.
Cases referred to:
Bradley Fold Travel Ltd & Peter Wright –v- Secretary of State for Transport [2010] EWCA
Civ. 695
David Keith Bradley and Julie Bradley [2014] UKUT 0253 (AAC)
Bryan Haulage (No. 2) T2002/217
Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI NT/2013/52 & 53
Appeal No: T2017/35
2
Priority Freight T2009/225
REASONS FOR DECISION
Introduction
1. This is an appeal from the decision of the Traffic Commissioner for the Scottish Traffic
Area, made on 23 June 2017. In summary, the Traffic Commissioner revoked Kibex
Ltd’s restricted public service vehicle licence on the grounds of loss of repute and
material change in terms of section 17(3)(b) and (d) and section 14ZB(a) of the Public
Passenger Vehicles Act 1981; and disqualified Kibex Ltd, Kibex Ltd director Paula
Baillie and shadow director Kieran White from holding or obtaining an operator’s
licence for a period of 30 months. In addition, the Traffic Commissioner refused the
appellant’s application for a public service vehicle operator’s licence to operate 4
vehicles on the ground of failure to meet the requirements of financial standing and
good repute in terms of section 14ZB(a) and 14ZB(b) of the 1981 Act.
2. The disqualification of Kieran White has not been appealed and is therefore not an
issue in this appeal.
3. The orders made by the Traffic Commissioner were originally to take effect at 23.59 on
31 July 2017 but subsequently the Traffic Commissioner stayed implementation of her
orders pending this decision. We now direct that they are to take effect from 23.59 on
24 April 2018.
The Relevant Legislative Provisions
4. The 1981 Act provides that on an application for a standard licence, the Traffic
Commissioner must consider and be satisfied that the applicant is, among other
things, of good repute and has appropriate financial standing (ss 14 and 14ZA).
Further, as regards revocation of a licence, 1981 Act provides:
“Section 17(2) ….. a Traffic Commissioner may, on any of the grounds specified
in subsection (3) below, at any time –
(a) evoke a PSV operator’s licence ….
(3) the grounds for action under subsection (2) above are –
(b) that there has been a contravention of any condition attached to
the licence;
(d) In the case of a restricted licence, that the holder no longer
satisfies the requirements of section 14ZB ….
5. Section 14ZB(a) requires that the traffic commissioner is satisfied that the applicant is
of good repute (as determined in accordance with paragraph 1 of schedule 3).
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