Kevin King, trading as Kevin King & Sons Transport, Re

Kevin King, trading as Kevin King & Sons Transport, Re

The Upper Tribunal found the Traffic Commissioner’s assessment of credibility and findings of fact regarding pressure to commit drivers’ hours offences, use of tachograph cards, and misleading application were reasonable and not plainly wrong. Regulatory action including revocation and disqualification was proportionate and mandated by statute given the severity and deliberate nature of breaches.

Parties
Appellant: Kevin King; Appellant: Kevin King & Sons Transport; Appellant: KD Plant and Haulage Limited; Director/respondent: Debbie Wallace; Decision Maker: Anthony Seculer
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Operator Licensing, Drivers’ Hours, Tachograph Regulations, Good Repute, False Statements, Disqualification
Transport Law Administrative Law Regulatory Compliance Operator Licensing Drivers’ Hours Tachograph Regulations Good Repute False Statements +1 more

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Parties

Kevin King

Appellant

Kevin King & Sons Transport

Appellant

KD Plant and Haulage Limited

Appellant

Debbie Wallace

Director/respondent

Anthony Seculer

Decision Maker

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether findings of fact regarding pressure to commit drivers’ hours offences and use of tachograph cards can stand
  2. 2 Whether misleading application for operator’s licence and false evidence warrant revocation and disqualification
  3. 3 Whether regulatory action taken was disproportionate

Ratio Decidendi

The Upper Tribunal found the Traffic Commissioner’s assessment of credibility and findings of fact regarding pressure to commit drivers’ hours offences, use of tachograph cards, and misleading application were reasonable and not plainly wrong. Regulatory action including revocation and disqualification was proportionate and mandated by statute given the severity and deliberate nature of breaches.

Court Disposition

appeal dismissed

Orders

  • Revocation of operator’s licences for Kevin King & Sons Transport and KD Plant and Haulage Limited from 13th March 2023
  • Disqualification of Kevin King from acting as transport manager for 12 months