Key Facts
- •Adam Curylo appealed the Registrar of Approved Driving Instructors' refusal of his trainee driving instructor licence application.
- •Curylo had two speeding offences, one in 2020 and one in 2023, and failed to disclose the 2020 offence initially and the 2023 offence subsequently.
- •The Registrar considered Curylo unfit to hold a licence due to these offences and non-disclosure.
- •Curylo argued he was a fit and proper person, citing high annual mileage, recent assistance to a friend in passing her driving test, and purchase of a new car with safety features.
Legal Principles
The Registrar's approach to penalty points should generally align with the 'totting up' procedure used in Magistrates' Court for disqualification, considering only points within the three years preceding the decision.
Handa; Goldwater
A stricter approach may be warranted in specific cases, particularly concerning non-disclosure of offences.
Handa; Goldwater; Anderson & Boyce
The 'fit and proper person' test for ADI licensing considers character, behaviour, and conduct beyond mere instructional ability.
Case details
Outcomes
The appeal was allowed.
While Curylo's non-disclosure and speeding offences were concerning, the Tribunal applied the Handa principle, considering only the 2023 offence within the three-year timeframe. Considering mitigating factors (positive reference, explanation for non-disclosure, high mileage), the Tribunal found the Registrar's decision disproportionate.