S & D Haulage Ltd: [2022] UKUT 82 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Beech on 14 March 2022.
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Judicial Summary
Appellant company incorporated a month after the husband of the sole director was notified that an investigation was to take place into his operator鈥檚 licence. The application was for a licence authorising the same number of vehicles as authorised on her husband鈥檚 licence along with the same operating centre and her husband was initially nominated as transport manager. Moreover, a large portion of the financial standing requirement was met by an interest free loan from her husband鈥檚 operation. 鈥淔ronting鈥� was suspected. The application was refused on good repute grounds under s.13(2)(b) and Schedule 3 of the Goods Vehicles (Licensing of Operators) Act 1995. The appeal was dismissed as the decision of the Deputy Traffic Commissioner was plainly right on the evidence before him.