||All England Reporter
|| All ER (D) 180 (May)
|| EWHC 1049 (Admin)
||Queen's Bench Division (Administrative Court)
||Graham Goodwill (instructed by Whatley & Co) for the claimant.
||The defendant was not represented.
||12 May 2006
Road traffic - Passenger vehicle - Passenger-carrying vehicle driver's licence - Holder of licence being made subject to community rehabilitation order - Revocation of licence by Traffic Commissioner - Appeal to magistrates' court - Justices dismissing appeal - Whether magistrates erring.
In the circumstances, the defendant justices' decision to refuse the claimant bus driver's appeal against the decision of the Traffic Commissioner to revoke his entitlement to hold a passenger-carrying vehicle driver's licence (PCV licence) was flawed as a result of the fact that they had taken into account an irrelevant consideration and they had failed to put a relevant consideration in its proper context. The decision of the magistrates' court would be quashed and the claimant's appeal would be remitted for determination by a differently constituted court.
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