1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 
Apply again for 0-lic, discharged bankrupt told
Page 100
If you've noticed an error in this article please click here to report it so we can fix it.
• A DISCHARGED BANKRUPT who appealed unsuccessfully to the Transport Tribunal against the decision of the South Eastern Licensing Authority to refuse him a standard operator's licence for one vehicle, was advised to make a fresh application for a licence as quickly as possible.
Grace had applied on I October, 1988. Question 17 on the application form asked whether "During the last three years have you, or any of your partners or directors been made bankrupt?" He truthfully answered the question "No", but his integrity was such, says the Tribunal, that he stated in a covering letter that he had been made bankrupt in July 1983 and remained an undischarged bankrupt.
Having regard to the provisions of Regulation 10(3) and (5) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984, the LA was obliged to refuse the application in view of the fact that the appellant was an undischarged bankrupt.
In the letter to the appellant giving the decision, the clerk to the LA stated that in view of his bankruptcy 'The Licensing Authority has regretably refused your application under Section 64" of the Transport Act 1968.
The appellant turned to Section 64 and found nothing in that Section about bankruptcy and understandably appealed. In his comments on the appeal the LA said that the appellant, because he was an undischarged bankrupt, was "disqualified from holding a Standard National Licence because of the provisions of Regulation 10(4) and 5(a)(ii) of the Goods Vehicle (Operators' Licences, Qualifications and Fees) Regulations 1984". This did not clarify the position for the appellant as it was subregulation (3), not (4), which governed his application.
The appellant told the Tribunal that he obtained his discharge from bankruptcy on 21 March 1989, but, having regard to the provisions of paragraph 9(2) of Schedule 4 of the Transport Act 1985, the Tribunal 'had to tell him that we could not take that into account and that we had no alternative but to dismiss the appeal. We advised the appellant to make a fresh application for a licence as quickly as possible.'