Britannia Bus Ltd: [2025] UKUT 231 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 2 July 2025.
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Judicial Summary
The appellant鈥檚 Public Service Vehicle (PSV) operator鈥檚 licence was revoked by the Traffic Commission, on the ground that the appellant did not satisfy the requirement of financial standing, following expiry of a 鈥減eriod of grace鈥�. However, in granting the 鈥減eriod of grace鈥�, 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鈥� 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.