Even though Traffic Commissioners are respondents for appeals, they do not appear at appeal hearings. Traffic Commissioners will be informed by their driver conduct clerks regarding any appeals. Staff members from the Traffic Commissioner office will then instruct a solicitor to be present so as to assist the Magistrates in considering the appeal against the decision of a Traffic Commissioner.
There is a right of appeal against the following decisions of the Traffic Commissioner:
– A refusal of failure to grant such a licence;
– The imposition of any limitation on such a licence;
– The suspension or revocation of such a licence;
– An order or disqualification under section 114(1) of the Act.
On considering that appeal the court may make such order as it sees fit.
You do not need permission to appeal; you need to submit written notice of appeal to the Upper Tribunal. The notice must comply with the Upper Tribunal Procedure Rules and you have to provide reasons for the appeal. The appeal has to be lodged within 1 month. If you are out of time with lodging the appeal you will have to obtain permission from the Upper Tribunal in order to appeal.
To admit new evidence it must be evidence which:
– Could not have been obtained with reasonable diligence for use at the Public Inquiry;
– Which would probably have had an important influence on the result of the case (but not decisive);
– Is apparently credible though not necessarily incontrovertible.
The Upper Tribunal will either overturn the decision of the Traffic Commissioner and replace it with a new decision, or revert the case back to be heard before the Traffic Commissioner (which way be a different from the original one), or dismiss the appeal and confirm the original decision of the Traffic Commissioner.
Our specialist driver appeals solicitors have the expertise to help you with your enquiry, contact us on 0800 046 3066 for advice