Guide 14. How to Appeal Against an Operator’s Licence Decision

For many transport operators, the Operator’s Licence is the cornerstone of their business. Whether you’re running HGVs, PSV fleets, or a smaller logistics company, your ability to operate legally depends entirely on holding a valid licence issued by the Traffic Commissioner (TC). But what happens if your licence application is refused, or worse — your existing licence is revoked, curtailed, or suspended?

This blog post will walk you through everything you need to know about appealing a decision made by the Traffic Commissioner concerning your Operator’s Licence, including timelines, procedures, and tips for a successful outcome.

Understanding the Types of Decisions You Can Appeal

Before diving into the appeal process, it’s important to clarify which decisions you can appeal. These typically include:

• Refusal of a licence application (new or variation)

• Revocation of an existing licence

• Suspension of the licence

• Curtailment (reduction in number of authorised vehicles or operating centres)

• Imposition of conditions or undertakings you disagree with

• Refusal to grant a licence after a Public Inquiry

Each of these decisions can significantly impact your ability to operate — and in many cases, your business’s financial health.

1. The Right to Appeal: Where and How

Appeals against a decision made by the Traffic Commissioner are made to the Upper Tribunal Administrative Appeals Chamber.

This tribunal is independent of the Traffic Commissioner and reviews whether the decision was lawfully made, taking into account evidence and legal reasoning.

2. Time Limits for Lodging an Appeal

Timing is crucial. You must lodge your appeal within 28 days of being notified of the Traffic Commissioner’s decision.

This date is usually the one on which you receive the formal written decision, not when the decision is announced verbally (such as during a Public Inquiry).

Key Tip: Even if you plan to gather more evidence later, lodge the appeal within the 28-day window to preserve your right to appeal.

3. Preparing and Submitting Your Appeal

What You’ll Need to Submit:

• Form UT32 (available from the Upper Tribunal website or HMCTS)

• A copy of the Traffic Commissioner’s written decision

• Grounds for appeal – a clear explanation of why you believe the decision was incorrect

• Supporting documents (optional at this stage but useful)

• Filing fee – currently £100 (subject to change)

You can submit the appeal:

• By post to the Upper Tribunal

• Electronically (check with the tribunal for current email or online submission procedures)

  
  

4. Grounds for Appeal: What You Can Argue

The Tribunal won’t just revisit your case because you’re unhappy. You need to show the decision was wrong in law or based on flawed reasoning. Common grounds include:

• The TC misunderstood the facts or gave undue weight to irrelevant factors

• The TC failed to follow proper procedures

• The TC’s decision was disproportionate given the evidence

• You have new evidence that wasn’t available at the time of the Public Inquiry

5. The Appeals Process: What to Expect

a. Acknowledgement and Initial Review

Once your appeal is received, the Tribunal will send an acknowledgment. They may ask the Traffic Commissioner to respond in writing.

b. Written Submissions or Hearing

The Tribunal may decide the case on paper or invite both parties to a hearing. You can request a hearing if you prefer to make representations in person.

c. The Hearing (if granted)

At the hearing, you or your legal representative can present your case, challenge the TC’s reasoning, and respond to any counterarguments.

d. The Decision

The Tribunal can:

• Uphold the TC’s decision

• Overturn it (e.g., grant your licence or remove restrictions)

• Send the matter back to the TC for reconsideration

A written decision is issued, usually within a few weeks of the hearing.

6. After the Appeal: What Next?

If you win:

• The decision is amended as per the Tribunal’s ruling.

• You may reapply or resume operations, depending on the outcome.

If you lose:

• You may be able to apply for permission to appeal to the Court of Appeal — but this is only possible on points of law and is relatively rare.

• Alternatively, you can consider reapplying for an Operator’s Licence after addressing the issues that led to the original decision.

7. Legal Representation: Is It Worth It?

While it is possible to represent yourself in an appeal, seeking legal or professional assistance — particularly from a transport lawyer or consultant familiar with Operator Licensing — can greatly improve your chances. They can help structure your case, gather evidence, and present arguments in line with current case law and regulations.

8. Tips for a Successful Appeal

• Act quickly – don’t miss the 28-day deadline

• Be specific – vague appeals are often dismissed early

• Submit compelling evidence – especially if it’s new or overlooked

• Remain professional – emotional or aggressive language won’t help your case

• Fix underlying issues – even during the appeal, show you’re addressing the concerns (e.g., compliance, maintenance, financial standing)

Conclusion

Facing the refusal, revocation, or curtailment of your Operator’s Licence can feel like a major setback — and it often is. However, the appeals process offers a structured and fair opportunity to challenge a decision you believe is wrong.

By understanding the process, acting swiftly, and presenting a well-prepared case, you significantly improve your chances of success.

If you’re unsure whether your case has merit or how to structure your appeal, don’t hesitate to seek specialist help. A well-guided appeal could be the key to saving your business.