Upper Tribunal refuses stay request for Rivertay Executive Travel

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An appeal judge has refused to grant a stay of the decision by Scotland’s

Traffic Commissioner (TC) Joan Aitken to disqualify Dundee-based coach operator Kevin McDonald, trading as Rivertay Executive Travel (CBW1243). This means that the TrC’s order remains in force pending Mr McDonald’s appeal hearing.

Upper Tribunal Judge H Levenson said: “Without prejudice to the view that the Upper Tribunal might eventually take on the substantive appeal, the findings of fact cannot said to be plainly wrong on the evidence before the Commissioner (and most of the evidence was accepted by the appellant), the law did not require the Commissioner to come to different conclusions, and there is no immediately apparent error in the decision.

“I remind the appellant that (unless and until the Upper Tribunal decides otherwise) the order made by the Commissioner remains in place and the operator’s licence will remain revoked and he will remain disqualified as ordered by the Commissioner from 2359hrs on  June 7, 2016.”

As reported in last week’s CBW, Joan Aitken suspended the firm’s O-licence for two years after breaching drivers’ hours regulations.