Clifford Craven v Registrar of Approved Driving Instructors

27 August 2024

[2024] UKFTT 762 (GRC)

First-tier Tribunal

A driving instructor lost his license because he got six points on his driving license from two serious driving offenses (one was speeding over 90mph). Even though he had a good reason for one offense (bad back), the judge decided that the instructor wasn't a 'fit and proper person' to teach others how to drive safely, and keeping his license would damage public trust.

Key Facts

•Clifford Craven appealed the decision to remove his name from the Register of Approved Driving Instructors (ADIs).
•The removal was due to two motoring offences: driving without reasonable consideration for other road users and speeding on a motorway, resulting in six penalty points.
•Craven argued mitigating circumstances (back pain) and disputed some statements made by his advocacy organization.
•He had previously completed a Driving Awareness Course.
•The Respondent considered Craven's behavior did not meet the standard expected of an ADI and that his actions could undermine public trust in the Register.
•Craven admitted to speeding at over 90mph on a motorway.

Legal Principles

An ADI must be a 'fit and proper person' to remain on the register, considering their character, behaviour and standards of conduct.

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

Appeals are heard as re-hearings, with the Tribunal making a fresh decision, giving appropriate weight to the Respondent's decision.

Implicit in the appeal process description

Maintaining public confidence in the Register is crucial; allowing unfit individuals to remain would undermine this trust.

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

The Tribunal's powers allow them to make such order as they think fit, considering the decision afresh and giving appropriate weight to the Respondent’s decision.

Road Traffic Act 1988, section 131

Outcomes

Appeal dismissed.

The Tribunal found that Craven's actions, particularly the significant speeding offence, demonstrated a lack of care and responsibility inconsistent with being a fit and proper person to remain on the ADI register. The need to maintain public trust in the register outweighed Craven's individual interests.

Clifford Craven v Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

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