M&M Haulage wins appeal for new hearing

Ashleigh Wight
July 28, 2016


Southampton-based sole trader Malcolm George Millard, trading as M&M Haulage, has won an appeal to have his case reheard by a different traffic commissioner (TC).

The Upper Tribunal found that West of England deputy TC Tim Hayden had failed to back up his decision sufficiently.

The deputy TC curtailed the business’s O-licence from three to two vehicles and attached conditions concerning the frequency of preventative maintenance inspections and the appointment of a new transport manager.

At a public inquiry (PI) called last year to consider prohibition notices, a change in maintenance provider and for failing to inspect the vehicles regularly, the deputy TC found that Millard had failed to keep vehicles and trailers fit and serviceable.

His written decision said Millard had also failed in his duty to continuously and effectively manage the transport as a transport manager.

Millard’s appeal challenged some of the evidence presented at the PI. Last month the Upper Tribunal found the deputy TC failed to explain how he arrived at the conclusions set out in his decision.

Judge Kenneth Mullan said the deputy TC undertook no effective analysis of the evidence and provided no reason for concluding that Millard had breached the O-licence undertakings.

“Where the outcome decision is to curtail an operation and/or penalise the operator in terms of involvement in future transport management then full and sufficient reasons for such an outcome must be provided,” said the judge.

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