After complaints about the applicant’s conduct of her coach business licensed under the 1981 Act, he was investigated. The issue was taken to a public enquiry before the traffic commissioner, which concluded that congestion and the state of the roads was not sufficient to reasonably excuse the failings in the service under s68. The applicant appealed to the transport tribunal which allowed the appeal and remitted the case. After the second hearing, there was a dispute as to the duties on the tribunal on such a remission.
Held: The Transport tribunal had an unrestricted jurisdiction as to basis of a remission of the case, and it was not a necessary inference that there was to be a full rehearing. The applicant contended that to remit her case to the same tribunal amounted to a denial of her right to a fair trial. This could not be supported. There was no suggestion that the commissioner had acted unfairly. If the tribunal had intended the case to be reheard before a different commissioner, and with he additional expense, it could have said so and would have said so.
Judges:
Judge, Smith, Jacob LJJ
Citations:
[2005] EWCA Civ 58, Times 24-Jan-2005
Links:
Statutes:
Public Passenger Vehicles Act 1981 26 68, Transport Act 1985 25
Jurisdiction:
England and Wales
Transport
Updated: 29 June 2022; Ref: scu.222042
