Decision for CSAG Merchants Limited (OH2065276)
The Traffic Commissioner for Western England's written decision for CSAG Merchants Limited (OH2065276)
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The Traffic Commissioner for Western England decided:
- In Aspey Trucks Ltd 2010 – 49, the Upper Tribunal comments on the difference between finding a loss of repute in an existing haulier and whether or not a new applicant to the industry met the standard to be of good repute:
“In a case such as this, the Deputy Traffic Commissioner was not looking at putting someone out of business. Rather, he was deciding whether or not to give his official seal of approval to a person seeking to join an industry where those licensed to operate on a Standard National or Standard International basis must, by virtue of S.13(3), prove upon entry to it that they are of good repute. In this respect, Traffic Commissioners are the gatekeepers to the industry - and the public, other operators, and customers and competitors alike, all expect that those permitted to join the industry will not blemish or undermine its good name, or abuse the privileges that it bestows. What does “Repute” mean if it does not refer to the reasonable opinions of other properly interested right-thinking people, be they members of the public or law-abiding participants in the industry?”
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The same principle clearly applies to fitness in relation to an application. The combination of false statement and illegal operation cause me to find that the applicant is unfit to be the holder of a restricted goods vehicle operator’s licence.
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Section 13B, fitness, fails to be satisfied. The application is refused.