[2025] UKUT 231 (AAC)

Appeal No. UA-2024-000704-T

Britannia Bus Ltd

Appellant

Before: Upper Tribunal Judge Citron, Mr Rawsthorn and Mr Roantree

Hearing venue: Birmingham Civil and Family Justice Centre

Representation:

Appellant: by Murray Oliver of Smith Bowyer Clarke, solicitors

On appeal from:

Decision maker: Traffic Commissioner in the East of England Traffic Area

Ref: PF1124300

Date of decision: 22 May 2024

SUMMARY OF DECISION

100 Transport– Traffic Commissioner Appeals

100.12 Revocation

100.15 Public service vehicles

The appellant’s PSV operator’s licence was revoked by the Traffic Commission, on the ground that the appellant did not satisfy the requirement of financial standing, following expiry of a “period of grace”. However, in granting the “period of grace”, the Traffic Commissioner had not followed the two-step process required by Article 13.1 of the 2009 EU regulation, as explained by the Upper Tribunal in the case of Egertons Recovery Group Ltd; in particular, the first step, at which statutory notice (including a time limit in which to request a public inquiry) under regulation 9 of the Public Service Vehicles (Operators' Licences) Regulations 1995 should have been given, did not occur. The Upper Tribunal, following Egertons, held that this was a material error of law and set aside the revocation as a result.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION