It's your last chance!
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ATC's decision can be challenged before the Transport Tribunal. However, the fact that the Traffic Commissioner's decision is considered harsh is not sufficient grounds for such an appeal. The person appealing must be able to satisfy the Tribunal that the TC's decision was "perverse". Which raises the question, what does this mean?
Quite simply, it means that no "reasonable" TC could possibly have made such a decision on the facts. Even if the tribunal feels that the TC's decision was excessive, it will not interfere if it is possible that another TC could have come to the same conclusion, and imposed the same penalty.
The most successful appeals have been where "natural justice" has not been followed; where there has been a procedural defect; or where the TC has exceeded his powers.
Don't even think about going to an inquiry without expert legal representation because you assume that an appeal can be made if you lose the case.
What happens while awaiting an appeal hearing?
The operator can apply to the TC for a stay of his decision. If the TC refuses to grant any stay an application can be made to the Transport Tribunal, If the Tribunal refuses the order stands. if the licence is revoked and no stay is granted, the operator must park up his vehicles. The lodging of an appeal does not automatically mean you can keep your vehicles on the road. If the action taken was as a result of poor maintenance, a stay is unlikely.
What should the operator do?
The operator should check that he is complying with his statements of intent, fact, and the undertakings given. He must check his procedures and take advice from an expert.
Remember that operator licensing requires compliance with the law, so when in any doubt wise operators will consult a transport lawyer who knows what the courts and the Traffic Commissioners require from operators.