ADI Appeals Procedure

With effect from 1 April, ADI Appeals are now dealt with by the Transport Tribunal, administered by the Court Service and answerable to the Lord Chancellor. The Transport Tribunal has now produced a leaflet entitled A Short Guide for Litigants, which explains the appeals procedure in detail. We print the parts of that document relevant to ADIs.
The new procedure for hearing ADI appeals has now come into effect following the transfer of jurisdiction from the office of the Secretary of State for Transport to the Lord Chancellor's Department (LCD).  Under the new Rules [set out in the Transport Tribunal (Amendment) Rules 2002, SI 2002/643], all ADI Appeals submitted after 1 April 2002 will now be heard by the Transport Tribunal, based at Chancery Lane in London.  In meetings with LCD officials and with the President of the Transport Tribunal, the DIA has received assurances that wherever appropriate ADI Appeals will continue to be heard at a suitable location nearer to the address of the appellant.  This is in order to ensure that ADIs can receive a fair hearing; since, in contrast to other appeals heard by the Transport Tribunal, this is for ADIs effectively the first hearing of the case against them at which they have a chance to defend their case for inclusion in the ADI register.

There are other important changes in procedure introduced by the new Rules and by amendments to the Road Traffic Act 1988 contained in the Transport Act 2000:

Firstly, with effect from 1 April, the ADI Registrar can now remove (or 'suspend') an ADI from the register within 14 days from the date of his decision.  Hitherto, this was not possible and in all previous cases the 'status quo' with regard to registration was maintained until the outcome of the appeal was made known. We understand however that the Registrar would usually only seek to make a 'suspension decision', in the immediate interest of road safety or for the protection of members of the public or perhaps for the protection of the good
standing and reputation of the ADI Register. Where the Registrar communicates this type of decision, it will take effect prior to the Appeal hearing, unless the ADI writes to the Transport Tribunal formally requesting a 'stay' of this decision pending the outcome of the appeal hearing. Therefore, in such cases any ADIs wishing to continue to practice until their appeal is heard must now immediately apply for a stay. The Transport Tribunal will quickly decide one way or the other in such cases. But if it decides against the Registrar, then he can again appeal against the granting of a stay. In view of the importance of this new procedure, we have reproduced here the new Form TT02, which must be used both to lodge an appeal and, if necessary, to request a stay.

Another important difference is that whereas the previous ADI Appeal Boards 'made their recommendations to the Secretary of State', who in turn referred the matter to the DSA Chief Executive for action; under the new jurisdiction, the Transport Tribunal will make the final decision and order, which will only be subject to appeal on a point of law to the Court of Appeal (or in Scotland to the Court of Session). In this way, ADIs can be sure that their appeals will in future be dealt with totally independently of the DSA. Any other complaint concerning the administration of the service must be addressed initially to the Secretary of the Tribunal and, if still dissatisfied, can be referred to the Customer Service Unit for the Court Service.

Final points of difference worth mentioning are: in future, all information that an appellant wishes to rely on at appeal must be sent to the Transport Tribunal in advance, including the statements or letters of support from any witnesses, who the appellant may wish to call on his behalf; and, if the appellant wishes to be represented at the hearing then the representative must be identified on the notice of appeal (Form TT02) and, if that person is not legally qualified, then permission must be obtained from the Transport Tribunal.

What is the Transport Tribunal?

The Transport Tribunal is an independent judicial body set up in accordance with the Transport Act 1985 to hear and decide appeals against decisions of Traffic Commissioners. These cases concern operators of road vehicles (heavy goods vehicles and public service vehicles), and premises used as operating centres for them. The jurisdiction extends to England, Wales and Scotland.

The Tribunal forms part of the Court Service and is the responsibility of the Lord Chancellor. 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 a Secretary who is responsible for the administration and to whom all correspondence should be sent.

The offices are in London. Hearings are normally arranged in London, at 48/49 Chancery Lane or (for Scottish cases) in Edinburgh. The Tribunal could sit anywhere in Great Britain if necessary, subject to availability of suitable accommodation.

Types of cases dealt with by the transport tribunal:

Most of the Tribunal's work consists of appeals against decisions of Traffic Commissioners. From 1 April 2002, the Tribunal will also hear and decide appeals against decisions of the Registrar of Approved Driving Instructors.

A right of appeal arises when the Registrar:

(a) refuses to enter a name on the register,
(b) refuses to maintain a name on the register,
(c) removes a name from the register, or
(d) refuses to grant or revokes a trainee's licence.

Appeals against decisions by the Registrar:

(a) Both approved driving instructors and trainee instructors may appeal.
(b) The Registrar is a party to an appeal and may respond to it.

MAKING AN APPEAL

Notice of appeal:

Appeals are started by the Appellant sending a written notice of appeal to the Tribunal with all necessary information. The notice must contain the information set out in the Transport Tribunal Rules 2000 (Rule 18B).

Do I need permission to appeal to the Transport Tribunal?

No. No permission is required.

Is there a time limit?

Yes. The Road Traffic Act 1988 (as amended) requires that appeals should be lodged within 28 days (approved driving instructors) or 14 days (trainee instructors) of the day on which notice of the decision appealed against was given. You should therefore lodge any appeal as soon as possible.

STAYS (ie Suspension of Orders pending Appeal):

Can an order by the Registrar be stayed?

Yes. If the Registrar has made an order against which you could appeal, the order will normally come into force within 14 days from the date on which notice of the decision was given. However, at that time the Registrar may direct that if an appeal is made the time limit shall not take effect until the appeal has been concluded. If the Registrar has not made such a direction you may apply to the Tribunal within 10 days of notice of the decision, supplying a copy of the decision, and the Tribunal may itself make a direction if it considers that this is appropriate. You will need to act quickly so that the Tribunal has time to respond within the 14 day period. (If the Tribunal makes a decision in your favour, the Registrar is entitled then to apply to the Tribunal for it to reconsider this. He may also apply to vary an earlier direction.)

RESPONDING TO AN APPEAL:

What happens next in appeals against decisions by the Registrar?

As set out in the Transport Tribunal Rules 2000, after receipt of the notice of appeal (with the copy of the decision appealed against enclosed), the Tribunal will require the Registrar to provide within 14 days a statement of case together with details of the evidence relied upon. On receipt of this material the Tribunal will send copies to the Appellant who is in turn required to respond within 14 days with his statement of case together with details of the evidence relied upon.

PREPARING THE CASE FOR HEARING:

Do I need to instruct representatives?

(a) Notice of appeal and correspondence.
You may choose to conduct your own case and appear on your own behalf, or to be represented. Limited companies and
corporate bodies must normally be represented. Where there is arepresentative, the Tribunal will correspond only with the representative direct. If you dismiss or change your representative, you must inform the Tribunal immediately, otherwise documents intended for you will continue to be sent to your former representative. If a representative is not legally qualified, a written authorisation to act signed by you is needed.

(b) Appearing at the Hearing
A legally qualified representative may appear at the hearing if instructed to do so. If a representative is not legally qualified, they will need the permission of the Tribunal to appear (see rule 31, the Transport Tribunal Rules 2000). They should contact the Tribunal in advance of the hearing to seek permission.

Where can I get help?

The staff at the Tribunal will respond to correspondence and telephone calls, provide copies of documents, and give advice on  procedural matters. They cannot advise you on the merits of your case or how to prepare it. If you want advice, you should seek help from a solicitor. A Citizens Advice Bureau or other adviser experienced in Transport Tribunal matters may also be of assistance.

What documents will be needed?

(a) In driving instructor appeals the Tribunal asks the Registrar and the appellant to supply all the documents relied upon in support of their cases.

(b) If necessary the Tribunal gives directions for the case to be properly prepared.

(c) In advance of the hearing you will receive a bundle of documents identical to the bundles which the Tribunal Members will have, unless already in your possession.

(d) The appellant and all respondent parties are required to send to the Tribunal copies of whatever documents or information they rely on in support of their cases, if not already supplied by the Registrar.

Will there be a hearing in court?

Normally, yes. As soon as the case is ready, and the requirements of the Rules have been met, the Tribunal will list it for hearing. All parties will be entitled to appear and address the Tribunal when the appeal is heard. Parties and their representatives will be expected to make themselves available within a reasonable timescale.

Can an appeal or an objection be withdrawn?

Yes. It is possible for an appellant to withdraw an appeal, or a respondent party to withdraw their response, by sending a written notice of withdrawal to the Tribunal office.

PROCEDURE AT THE HEARING

Is a hearing formal?

No. Proceedings are informal and neither the Tribunal nor advocates wear robes or wigs. Hearings are in public unless there are exceptional circumstances.

On the day of the hearing you are advised to arrive a little before the appointed time so that you can make yourself known to the court clerk, familiarise yourself with the courtroom layout, get the documentation in order, and perhaps discuss the case with your opponents (if any).

Is an appeal a full hearing or a review?

Decisions by the Registrar will always have been made on paper and on appeal the hearing before the Tribunal will be the First Hearing. Accordingly, the Registrar's representative must establish his case.

Procedure at appeals against decisions by the Registrar

The appeal hearing will generally start by the Chairman asking the Registrar's representative to outline the reasons for the Registrar's decision, and to call any witnesses. You, or your representative, are also entitled to make an opening statement, and to call witnesses. Both sides may cross-examine witnesses. At the end both the Registrar's representative and the appellant will be asked to make a final statement.

During the hearing the Tribunal members may ask questions in order to obtain relevant information or to clarify what has been said. If necessary, the Tribunal will give guidance on procedure during the hearing. If you are in doubt about any aspect of the hearing it is best to ask straight away.

DECISIONS AND FINAL ORDERS

Will there be a written decision?

Yes. The Tribunal may announce its decision at the conclusion of the main hearing or say that the decision will be given later (Rule 35, Transport Tribunal 2000). In either event, the Tribunal always draws up a formal order setting out what it has decided and sends it to all the parties. It also sends a written summary or its reasons.

HEARING IN ABSENCE

What if I am unable to attend the hearing of the appeal?

You should inform the Tribunal immediately of any problem you may have in attending the hearing. However, if you were absent from the main hearing for a good reason, and the case was determined in your absence, you may be able to apply to the Tribunal to set aside its determination and re-list the appeal for hearing. You will have to satisfy the Tribunal that you had good reason for failing to attend the hearing (Rule 38, Transport Tribunal Rules 2000).

COSTS AND FEES

Will I have to pay fees to the Tribunal?

No. The services of the Tribunal are free of charge to users.

Will I be liable to pay costs?

Possibly. The Tribunal can order one party to pay the costs of another party, if their conduct has been frivolous, vexatious, improper or unreasonable (Rule 39, Transport Tribunal Rules 2000). More often, each party has to pay only its own costs. If there is only one party to the case, the question of costs does not arise.

Can I obtain legal aid?

No. Legal aid is not available in this jurisdiction.

FURTHER APPEALS

Can I appeal against the decision of the Transport Tribunal?

Yes, but only on a point of law. Appeal lies to the Court Appeal or (in Scotland) the Court of Session. You should consider taking professional legal advice before embarking on this course.

If you wish to appeal, in England & Wales you should apply to the Court of Appeal for permission to appeal within 28 days (Rule 52, Civil Procedure Rules). In Scotland, you should present your appeal to the Inner House of the Court of Session within 42 days (Form 41.19 Rules of the Court of Session).

STANDARDS AND COMPLAINTS

Standards

The Tribunal has certain standards of service and performance that it is committed to reaching. It aims to:

· respond to requests for forms within 5 working days
· process new cases and serveacknowledgements of notices of appeal within 5 working days
· decide applications for stays as soon as possible
· offer hearing dates within six weeks of readiness
· notify parties of hearing dates within 5 working days of fixing the date
· draw up and dispatch to the parties signed decisions within 3 working days of their receipt
· deal with all inquiries and correspondence, courteously and promptly