TRAFFIC COMMISSIONER APPEALS

Decisions made by the Traffic Commissioner can have serious and lasting consequences for operators, transport managers and drivers. In some cases, there may be a right of appeal. In others, the correct course may be a fresh application or a carefully planned return to compliance.

I advise clients on appeal strategy following Traffic Commissioner decisions, helping to assess prospects, manage risk and pursue the most effective route forward.

Appeal deadlines are strict. Early advice is essential.

Not every decision is appealable, and appeal rights depend on the nature of the decision and the status of the person affected. Decisions that may give rise to an appeal include:

• Refusal of an operator licence application
• Revocation, suspension or curtailment of an operator licence
• The imposition of licence conditions or undertakings
• Disqualification of an operator or individual
• Decisions affecting good repute
• Revocation or suspension of vocational entitlement

Understanding whether an appeal is available, and whether it is the correct course, requires careful analysis of the decision and the statutory framework.

Most Traffic Commissioner decisions are appealable to the Upper Tribunal (Administrative Appeals Chamber). Appeals are not a rehearing of the case. The Tribunal will consider whether the Traffic Commissioner made an error of law, acted irrationally or reached a decision that was not open on the evidence. 

Appeal time limits are short and strictly enforced. In many cases, a notice of appeal must be lodged within 28 days of the Traffic Commissioner’s decision.

Missing a deadline can remove the right of appeal entirely. Early advice is critical to preserve options.

I assist clients at all stages of the appeal process, including:

• Reviewing the written decision and identifying potential appeal grounds
• Advising on prospects of success and proportionality
• Developing appeal strategy and alternative options
• Drafting and settling grounds of appeal
• Advising on evidence and supporting material
• Managing procedural requirements and deadlines
• Coordinating representation where advocacy before the Tribunal is required

My focus is on clarity, realism and achieving the best outcome in the circumstances.

Appeals carry cost, risk and uncertainty. In some situations, an appeal may not be the most effective route, particularly where:

• The decision is well-reasoned and evidence-based
• There are limited or weak grounds of appeal
• A fresh application would be more realistic
• Time-limited disqualification can be managed strategically
• Compliance improvements can be demonstrated quickly

I provide candid advice so clients can make informed decisions.

Depending on the outcome, next steps may include:

• Implementation of the Tribunal’s decision
• Reinstatement or variation of licences
• Preparation of a fresh application
• Ongoing compliance monitoring and support

I continue to advise clients beyond the appeal itself to help stabilise operations and avoid repeat regulatory action.

You should consider taking advice immediately if:

• You receive a Traffic Commissioner decision affecting your licence or entitlement
• You are unsure whether a decision can be appealed
• You are approaching an appeal deadline
• You want an objective assessment of prospects
• You are considering alternative regulatory routes