Abdul Masud v Registrar of Approved Driving Instructors

13 November 2024

[2024] UKFTT 1024 (GRC)

First-tier Tribunal

A driving instructor lost his license after using his phone while teaching. Even though he said it was an emergency, and he had a good driving record, the judge decided it was too serious. Keeping public trust in driving instructors is more important than one person's job.

Key Facts

•Abdul Masud (Appellant) appealed the Registrar of Approved Driving Instructors' (Respondent) decision to remove his name from the Register of Approved Driving Instructors (ADIs).
•The removal was due to a March 23, 2023, mobile phone use while driving offence resulting in a fixed penalty of 6 points and a £200 fine.
•Masud claimed the phone use was brief (10 seconds) for an emergency call regarding his mother-in-law's medication, and he notified the Respondent before the licence endorsement (though outside the 7-day notification period).
•Masud initially denied the offence to police but later accepted the penalty.
•The Appellant presented various supporting documents including testimonials and medical evidence.
•In oral evidence, Masud contradicted his previous statements, claiming his 'pupil' was a friend not receiving instruction.
•The Respondent argued Masud's actions showed a lack of responsibility and commitment expected of a professional ADI.

Legal Principles

An ADI must be a 'fit and proper person' to have their name on the Register.

Road Traffic Act 1988, sections 125(3) and 127(3)

Appeals are re-hearings; the Tribunal makes a fresh decision considering the Respondent's reasons but not reviewing their process.

Implicit in the Tribunal's procedure

Maintaining public confidence in the ADI Register is crucial. Strict disclosure requirements exist.

Harris v. Registrar of Approved Driving Instructors [2010] EWCA Civ 808

Outcomes

Appeal dismissed.

The Tribunal found Masud's actions demonstrated a lack of care and responsibility as an ADI, contradicting evidence undermined his remorse, and the offence's gravity justified the removal. Maintaining public trust in the Register was prioritized.

Abdul Masud v Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

Similar Cases

Gulamhusen Mangera v The Registrar of Approved Driving Instructors

Nawaz Monnan v The Registrar of Approved Driving Instructors

Michael Hanson v The Driver And Vehicle Standards Agency

Clifford Craven v Registrar of Approved Driving Instructors

Michael Kemp v The Registrar of Approved Driving Instructors