News

The Ministry of Justice will discuss with lawyers plans to abolish the Transport Tribunal and replace it with a general tribunal service following concerns that operators would lose their right to appeal.

Transport lawyers have pointed out that proposals to limit appeals only on points of law would mean any operator unhappy with a Traffic Commissioner's decision based on environmental grounds would be ignored.  

They have also expressed concern over the replacement of the Tribunal's expertise and knowledge on transport-related issues in favour of a tribunal president unfamiliar with the industry.

The Transport Tribunal offers operators an independent service to review TCs' decisions and they do not need to prove a decision was wrong before appealing. Transport lawyer James Backhouse says it is essential this system is not tampered with:

"The Transport Tribunal is completely independent and that's very important to preserve. It must be available to any operator unhappy with their decisions."

Backhouse adds: "My own personal view is that [TCs] are responsible for ensuring operators comply with the regulations and the legislation. And they often get involved in, quite properly, setting the agenda of what they believe operators need to address.

"The Transport Tribunal is therefore the first truly fair, impartial tribunal any operator has access to. The  impact of TCs is so profound it is vital that operators have a right to a fair and impartial tribunal."

In its response the government admits it may be incorrect to regards TCs as anything other "initial decision makers".

It continues: "We will look at how best to transfer the work of the Transport Tribunal in respect of Traffic Commissioner work to ensure that it is dealt with by the appropriate tribunal and will consult further with respondents who replied to this question ahead of transferring the Tribunal into the new structure."

What is the Transport Tribunal?

The Transport Tribunal is an independent judicial body which hears and decides appeals against the decisions of Traffic Commissioners. The Tribunal forms part of the Court Service.

There is a president, who is the judicial head; other judicial members, who must be legally qualified; and lay members, who have experience in transport operations and its law and procedure. There is also a secretary, who is responsible for the administration and to whom all correspondence should be sent.