TC powers cannot be passed to TAO staff
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• The Transport Tribunal has made it plain that a Traffic Commissioner's disciplinary powers cannot be delegated to a member of the Traffic Area staff.
The Tribunal allowed an appeal by Thomas O'Brien, of Harrow Weald, Middlesex, against the revocation of his three-vehicle licence, saying the decision purporting to revoke the licence had been made in chambers by a member of the South Eastern & Metropolitan Traffic Area staff after O'Brien had failed to declare that he had been made bankrupt in 1993, When invited to comment, O'Brien had explained that he was anxious to rebuild his business and clear his debts: ,E6,000 was available for the business. O'Brien had also been asked to say why the TC should not take disciplinary action; transport consultants wrote on his behalf urging that revocation was too draconian in view of the improved financial position.
It appeared that these repre
sentations came before a member of the Operator Licensing Section in the Traffic Area Office, said the Tribunal. Without reference to the TC a decision was taken to revoke the licence.
The Tribunal said that there had been increasing pressure over the past few years for TCs to delegate matters to members of staff. However, the powers to revoke, suspend or curtail licences, and to disqualify operators and others, could not be delegated beyond a Deputy TC.
Those principles might cause inconvenience, said the Tribunal, but that did not justify wider delegation. Parliament had limited the extent to which delegation was permissible and it was up to Parliament to change the position or provide the means by which TCs could discharge the functions which Parliament had placed upon them.
The Tribunal agreed with the comments of the TC, Brigadier Michael Turner, that the decision should never have been made on his behalf. It referred the case to the TC to take such action as he saw fit.