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The following changes have been made to the Senior Traffic Commissioner's Statutory Documents this January. They are now part of the Senior Traffic Commissioner's guidance and direction to the Traffic Commissioners.
- Update to the legal periods contained in the Rehabilitation of Offenders Act 1974 following amendment by The Police, Crime, Sentencing and Courts Act 2022 for England and Wales with applicable periods in Scotland under the Management of Offenders (Scotland) Act 2019 (document 1, paras 79 – 80 and document 6, paras 114 - 115)
- Clarification of grounds where a Traffic Commissioner can impose a penalty under section 155 of the Transport Act 2000 (document 14, para 15)
- Refresh of guidance on Public Service Vehicle Accessibility to include new obligations introduced by The Public Service Vehicles (Accessible Information) Regulations 2023 (document 13, paras 9 – 10)
- Removal of references to The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 following revocation by the Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023 (document 0 and document 7)
- Additional guidance has been provided to include what constitutes a prescribed purpose of use for “a recovery vehicle”, under The Road Vehicles (Registration and Licensing) Regulations 2002, to include a request of a constable or local authority empowered to remove a vehicle from a road to a nominated place (document 0, para 70)
Following publication of the Upper Tribunal Digest 2023, the Senior Traffic Commissioner has updated a number of the Statutory Documents with hyperlinked references to recent decisions. Those that should especially be noted are:
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2021/565 Clayton Francis Jones, 2021/2165 Connor Construction (South West) Ltd – an operator cannot appeal its own freely given undertaking and there is an implicit power to accept undertakings on matters outside of sections 13C(2) to (6) of the 1995 Act (document 1, footnote 43 / document 12, footnote 26 and document 10, footnote 58 respectively)
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2022/1227 Lineage UK Transport Ltd – Statutory Document compliance with the Regulators’ Code and Status of Guide to Maintaining Roadworthiness (document 0, footnote 21 / document 10, footnote 15 and document 1, footnote 112 respectively)
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2019/071 Alan John Woolley – the Upper Tribunal did not find providing examples of recognised providers as a starting point as anti-competitive (document 1, footnote 42 and document 10, footnote 122)
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2021/027 Less Stress Relocations Ltd – an operator should be able to demonstrate an ability to service such high interest rates (document 2, footnote 20)
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2020/066 Thandi Coaches (Red) Ltd – the Upper Tribunal considered the aim of the Article 7(1) of Regulation (EC) No 1071/2009 was to ensure accounts are certified by a person with expertise and professional detachment from the operator, a director certifying under the small companies exemption for the purposes of the Companies Act 2006 was unlikely to fulfil this requirement (document 2, footnote 29)
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2021/030 Raymond Sheaf – repute lost by transport manager acting as a transport manger in name only (document 3, footnote 17)
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2021/467 D A Prime Log Ltd – Advertisement – must be within time limit – s.11(3) of 1995 Act (document 4, footnote 52)
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2022/044 Secure Transit Solutions Ltd – wrong address published in the advertisement (document 4, footnote 55)
2021/023 Van Duijn Fleet BF and Transportbedrijf van Duijn en Zn.Bv – a reasoned explanation for the exercise of a discretion not to hold a hearing was required (document 7, footnote 18)
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