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TRAFFIC COMMISSIONER APPEALS: OPERATORS

23rd October 1997
Page 50
Page 50, 23rd October 1997 — TRAFFIC COMMISSIONER APPEALS: OPERATORS
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Which of the following most accurately describes the problem?

Operators can appeal against a Traffic Commissioner's refusal of an application for a new licence, a variation, or disciplinary action. Under the continuous licensing review procedure new conditions can be imposed or an operating centre can be removed from an existing 0-licence. These decisions can also be the subject of an appeal, as can alleged procedural failures by the TC when considering an application. Appeal to the Transport Tribunal in London is not a re-hearing. The Transport Tribunal obtains a transcript of the hearing and will not normally allow additional evidence to be given. The Tribunal makes its decision on the basis of the grounds set out in the Notice of Appeal and on the transcript of the original evidence submitted to the Traffic Commissioner.

The Notice of Appeal has to be lodged within 28 days of the publication of the TC's decision in Applications and Decisions. However, if the decision is not published within 21 days of being made, the appeal must be made within 49 days of the TC's decision.

The grounds for such appeals are strictly limited. The person making the appeal has to show that the TC acted perversely, failed to followed legal procedure, or misinterpreted the law. Simply alleging that his decision was too harsh may not be sufficient grounds for appeal.

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