Laddie J, after citing the Bryan Haulage case, explained the need to consider separately the positions of operator and transport manager: ‘If a company breaches the rules set down by the Act, for example if it or its directors are convicted of a relevant offence, it may lose its licence or be disqualified, but that does not mean that the transport manager will automatically be punished in like manner. Similarly, as noted above, the Act makes it clear that a company with a licence may be allowed to trade if its, or one of its, transport managers loses his good repute. In my view it is important to keep the responsibilities, liabilities and culpabilities of the company and its transport manager separate.’
Laddie J, Pill and Jonathan Parker LJJ
[2004] EWCA Civ 998
Bailii
England and Wales
Citing:
Approved – Bryan Haulage Limited v Vehicle Inspectorate (No 1) 2002
(Transport Tribunal) The tribunal set out the correct approach to findings involving revocation of an operator’s licence (or disqualification): ‘However, in order to take action under s. 26 or to make a finding of loss of good repute under s. 27 or . .
Cited by:
Cited – 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 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 . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 18 December 2021; Ref: scu.231172
