Michael Kemp v The Registrar of Approved Driving Instructors
[2024] UKFTT 523 (GRC)
Ali Adnan v Registrar of Approved Driving Instructors
19 August 2024
[2024] UKFTT 740 (GRC)
First-tier Tribunal
A driving instructor got his license to teach revoked because he was caught speeding and didn't tell anyone. Even though he tried to explain why he sped, the judge didn't believe him. The judge said that being a driving instructor requires more than just teaching how to drive; it means being responsible and honest. Because he wasn't, he lost his job.
Key Facts
- •Ali Adnan's name was removed from the Register of Approved Driving Instructors (ADIs) under s. 128(2)(e) of the Road Traffic Act 1988.
- •Adnan was convicted of exceeding the speed limit on a motorway.
- •Adnan failed to notify the Registrar of the conviction within the required timeframe.
- •Adnan claimed a vehicle malfunction caused the speeding, but the Tribunal found this implausible.
- •Adnan argued the Registrar's reasons were inadequate, citing Scottish case law on adequacy of reasons.
- •The Tribunal considered evidence, including student testimonials, and heard oral evidence from Adnan.
Legal Principles
An ADI must be a 'fit and proper person' to be registered, extending beyond instructional ability to character and conduct.
Road Traffic Act 1988, s. 128(2)(e)
ADIs are expected to maintain higher driving standards than ordinary motorists due to the trust placed in them.
Harris v Registrar of Approved Driving Instructors (2010 EWCA Civ 808)
The Registrar can consider spent convictions when assessing fitness, as per the Rehabilitation of Offenders Act 1974 exceptions.
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
The Tribunal reviews the Registrar's decision afresh, considering all evidence and giving appropriate weight to the Registrar's decision.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31; Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
The Tribunal's decision on credibility is a matter of judgment, and it is not required to explain its assessment of credibility in every instance.
R3-01(IB)(T); CIS/4022/2007
Outcomes
The appeal was dismissed.
The Tribunal found Adnan's explanation for the speeding offence implausible and his failure to declare the conviction demonstrated a careless attitude towards professional duties. His actions did not meet the 'fit and proper person' standard.
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