Britannia Bus Ltd: [2025] UKUT 231 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 2 July 2025.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 29 July 2025

• Categories: Transport - Traffic Commissioner and DoE (NI) Appeals
• Sub-categories: Transport - traffic Commissioner and DoE (NI) Appeals - Public Service Vehicles and Transport - Traffic Commissioner and DoE (NI) Appeals - Revocation, Suspension and Curtailment
• Judges: Citron, Z
• Decision date: 2 July 2025

Read the full decision in UA-2024-000704-T.

Judicial Summary

The appellant’s Public Service Vehicle (PSV) operator’s licence was revoked by the Traffic Commission, on the ground that the appellant did not satisfy the requirement of financial standing, following expiry of a “period of grace”.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.

Published 29 July 2025