Appeals to the Transport Tribunal
- Can an appeal be made against the Traffic Commissioner’s decision on a licence application or variation?
- Can representors become parties to appeals?
- Can an appeal be made against a disciplinary decision of the Traffic Commissioner?
- Can an appeal be made against the Traffic Commissioner’s review of an operating centre?
- Are there any other circumstances when an appeal can be made?
- Where do I send my appeal?
- When can an appeal be made?
Can an appeal be made against the Traffic Commissioner’s decision on a licence application or variation?
Yes. Whatever the decision of the Traffic Commissioner, an appeal can be made by the applicant, or a statutory objector (not representor) who objected to the licence application or variation.
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Can representors become parties to appeals?
Yes. Although people who make representations do not have a right to initiate an appeal they may apply to the Transport Tribunal to become parties to an appeal if one is made by an objector or applicant.
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Can an appeal be made against a disciplinary decision of the Traffic Commissioner?
Yes. A licence holder can appeal against a disciplinary decision taken by the Traffic Commissioner.
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Can an appeal be made against the Traffic Commissioner’s review of an operating centre?
As regards the review of operating centres, there is a right of appeal conferred only on the licence-holder and only where he is affected by added or varied conditions, or the removal of an operating centre. Statutory objectors and representors do not have any rights of appeal, either against the decision of a Traffic Commissioner not to carry out a review, or against whatever decision a Traffic Commissioner makes if he does carry out a review.
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Are there any other circumstances when an appeal can be made?
Yes. There are rights of appeal about decisions if the required procedures have not been followed. If there has been a procedural irregularity in the consideration of an application, the Traffic Commissioner has the power to review his decision. That could result in it being set aside and a different decision being made. Any person who applies for a review of a Traffic Commissioner’s decision on the grounds of some procedural irregularity will have a right of appeal to the Transport Tribunal if the request is turned down. Where a review is carried out by the Traffic Commissioner because of a procedural irregularity and this results in a different decision being made, the normal appeal rights, of applicants and objectors, will apply and will relate to the new decision rather than the original.
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Where do I send my appeal?
Appeals should be made to the Transport Tribunal at the: The Secretary, Transport Tribunal, Procession House, 55 Ludgate Hill, London EC4M 7JW; Tel: 020 7029 9780.
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When can an appeal be made?
Written notice of appeal must be received by the Transport Tribunal not later than 28 days after the date of notification in writing of the Traffic Commissioner’s decision. If you are making an appeal, you may present your own case or be represented at the hearing by, for example, a lawyer. The Transport Tribunal normally gives its decision at the hearing and later confirms it in writing, giving reasons. You may be able to operate while your appeal is being heard.
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Page last updated: 03/05/2006