BTW Transport Limited v The Deputy Traffic Commissioner for the North East of England

Facts

BTW Transport Limited held a standard national operator's licence granted with effect from 25 August 2020, operating principally in bulk waste with seven vehicles authorised and in possession at the material time. Byron Williams was its sole director. The company had attended a public inquiry on 2 March 2022 following an "S" marked prohibition, when its licence was curtailed for two weeks upon an undertaking to obtain an independent audit; a warning followed a further DVSA assessment in November 2022. In 2024 a further "S" marked prohibition was issued for loose wheel nuts, and investigations by Vehicle Examiner Thorpe and Traffic Examiner Stafford were both marked unsatisfactory, revealing absent brake testing, defective driver defect reporting, a vehicle operated for five months without vehicle excise duty, and a transport manager, Nichola Ogilvie, without access to records, the tachograph analysis system or company funds. Ms Ogilvie resigned in September 2024. The licence was briefly revoked and reinstated in late 2024, during which period ANPR evidence showed the vehicles continuing in use. At a public inquiry held on 17 July and 19 September 2025, the Deputy Traffic Commissioner for the North East of England revoked the licence under sections 26 and 27 of the Goods Vehicles (Licensing of Operators) Act 1995 and disqualified the company and Mr Williams for twelve months under section 28(1) of the Goods Vehicles (Licensing of Operators) Act 1995. They appealed.