The Transport Tribunal Rules 2000

PART III Road Transport Appeals

Application of Part III

11.—(1) Rules 12 to 15 apply to appeals to the Tribunal under:

(a) section 50 of the 1981 Act;

(b) section 111 of the 1985 Act(1);

(c) section 37 of the 1995 Act;

(d) the Goods Vehicles (Community Authorisations) Regulations 1992, regulation 6(2);

(e) the Public Service Vehicles (Community Licenses) Regulations 1999, regulation 6(3); and

(f) the Road Transport (Passenger Vehicles Cabotage) Regulations 1999, regulation 6(4).

(2) Rules 20 to 38 apply to appeals to the Tribunal under this Part of these Rules.

Method of appealing

12.—(1) An appeal to which this Part applies shall be made by serving a notice in writing on the Tribunal.

(2) The notice of appeal shall be signed and dated by or on behalf of the appellant and shall state:

(a) the name and address for service of the appellant;

(b) the name and address of the traffic commissioner;

(c) details of the decision against which the appeal is brought; and

(d) the grounds for the appeal.

(3) The notice of appeal shall be received by the Tribunal not later than 28 days after the date of notification in writing to the appellant of the matter giving rise to the appeal.

(4) Where the appellant fails to serve the notice of appeal within the 28 day time limit in paragraph 3, such notice shall include:

(a) a request to the Tribunal to extend the time limit in accordance with rule 24; and

(b) details of the reasons for the delay.

Action on receipt of appeal

13.—(1) The secretary shall acknowledge receipt of any notice served under rule 12(1) and, upon receipt of the details to be provided under rule 15(1)(d), shall serve a copy on:

(a) the traffic commissioner;

(b) the appropriate national authority;

(c) in the case of an appeal by an applicant for, or for the variation of, an operator’s licence, every person who made an objection to the application;

(d) in the case of an appeal by a person who made an objection to an application for, or (in the case of a goods vehicles operator’s licence) for the variation of, an operator’s licence, the applicant and every other person who made an objection to the application; and

(e) in the case of an appeal under section 37(5) of the 1995 Act, every representor.

(2) The appropriate national authority, an objector and the applicant may, within 14 days of the date of a notice served in accordance with paragraph (1)(b), (c) or (d), reply in writing to the Tribunal that he wishes to become a party to the appeal, whereupon he shall become a party, and every copy notice served in accordance with paragraph (1)(b), (c) or (d) shall be endorsed with a statement to that effect.

(3) A representor may, within 14 days of a notice served in accordance with paragraph (1)(e), apply in writing to the Tribunal for permission to become a party to the appeal and every copy notice served in accordance with paragraph (1)(e) shall be endorsed with a statement to that effect.

(4) The secretary shall inform the relevant representor of the decision of the Tribunal on any application made under paragraph (3).

(5) The secretary shall serve on every other party a copy of:

(a) any reply served under paragraph (2); and

(b) any application made under paragraph (3), and the decision of the Tribunal on the application.

Parties to an appeal

14.—(1) The Tribunal may at any stage of an appeal order any person (other than the traffic commissioner) to be added as a party to the appeal.

(2) The parties to an appeal are:

(a) the appellant;

(b) every person who is entitled by rule 13(1)(b), (c) or (d) to receive a copy of the notice of appeal and who replies that he wishes to become a party in accordance with rule 13(2);

(c) every representor who is given permission by the Tribunal to become a party to the appeal; and

(d) every person who is added as a party by order of the Tribunal pursuant to this rule.

Supply of information and documents

15.—(1) Upon receipt of a copy of a notice of appeal the traffic commissioner shall send to the Tribunal a copy of:

(a) the decision appealed against, whether given in writing by the traffic commissioner or transcribed, including reasons;

(b) all documents produced to the traffic commissioner in connection with the decision appealed against;

(c) if a public inquiry was held, the transcript of the inquiry or, if no such transcript was produced, the traffic commissioner’s note of the inquiry; and

(d) in the case of an appeal under section 50 of the 1981 Act or section 37 of the 1995 Act, a list of the names and addresses of objectors and representors.

(2) A party may request the secretary to send him specified documents received from the traffic commissioner in accordance with paragraph (1), and the secretary shall comply with such request unless the Tribunal considers it unreasonable, in which case the Tribunal shall give details of why it considers the request to be unreasonable.

(3) The traffic commissioner shall, upon request, send to the Tribunal further copies of any of the documents mentioned in paragraph (1).

(1)

The functions of the Secretary of State under section 111 of the Transport Act 1985 were transferred, in relation to Scotland to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46), and in relation to Wales to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253).

(2)

S.I. 1992/3077.

(3)

S.I. 1999/1322.

(4)

S.I. 1999/3413.