Judges: Lord Justice Gage Mr Justice Openshaw Citations: [2005] EWHC 2270 (Admin) Statutes: Goods Vehicle (Licensing of Operators) Act 1995 Jurisdiction: England and Wales Crime, Road Traffic Updated: 25 May 2022; Ref: scu.237460
Judicial recusal Ownership of detained vehicle Use of detained vehicle without an operator’s licence and contrary to section 2(1) of the Goods Vehicle (Licensing of Operators) Act 1995. Order for Expenses (Costs) [2016] UKUT 128 (AAC) Bailii Scotland Natural Justice Updated: 15 January 2022; Ref: scu.563347
Vehicles and trailers had been detained by the respondent. The claimants said that the vehicles were being used under a ‘cabotage’ scheme allowing foreign lorries to be used temporarily on the UK. Held: Any haulage contractor holding the appropriate European licence was entitled to perform cabotage. That applied irrespective of the withdrawal of the UK … Continue reading Romantiek Transport Bvba and others v Vehicle and Operator Services Agency: CA 16 May 2008
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Appeal from conviction for offence of using on a road a goods vehicle for hire or reward, without an operator’s licence . .
Revocation of Operator’s Licence: section 26(1)(f) of the of the Goods Vehicles (Licensing of Operators) Act 1995 – breach of undertaking; section 26(1)(h) – lack of financial standing. Citations: [2022] UKUT 96 (AAC) Links: Bailii Jurisdiction: England and Wales Transport Updated: 02 June 2022; Ref: scu.677477
Where the issue was whether a temporary worker was to be deemed to be an employee (in this case for licensing purposes) of the main contractor, the proper test was the degree of control exercised by the deemed employer. The purpose of the section was to ensure that responsibility for the operation of a vehicle … Continue reading Interlink Express Parcels Ltd v Night Trunkers Ltd and Another: CA 14 Mar 2001
The claimant contracted to deliver parcels overnight. By a contract the defendant supplied drivers to carry out some of the work. The claimant sought a declaration that the contract was void. By virtue of the arrangement the defendant came to be operating the vehicles, and so needed a licence for carrying goods by road for … Continue reading Interlink Express Parcels Ltd v Night Trunkers Ltd and Another: ChD 23 Mar 2000
Variation of Operator’s licence: application for variation of licence refused on grounds it failed to fulfil the requirements of Section 13C(5) and (6) of the (as applied by Section 17) Goods Vehicles (Licensing of Operators) Act 1995. The six vehicles and trailers sought to be parked at a new operating centre would have exceeded the … Continue reading Delivery Demons Ltd (Transport – Traffic Commissioner and Doe (NI) Appeals): UTAA 1 Nov 2021
The applicant appealed revocation of its operator’s licence. Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and not on the operator to demonstrate the contrary. This was clear from the Directive implemented by the … Continue reading Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening: CA 15 Sep 2005
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator’s licence is a possession within art 1 of the Convention. The Act did not define what was considered to be … Continue reading Crompton T/A David Crompton Haulage v Department of Transport North Western Area: CA 31 Jan 2003
Appeal from a decision of the Transport Tribunal . .
