Key Facts
- •Daniel Zelalem Temesegen (Appellant) appealed the Registrar of Approved Driving Instructors' (Respondent) decision to remove his name from the Register.
- •The Registrar's decision was based on the Appellant's multiple driving offences, including failing to provide driver details (s172 RTA) and speeding, leading to a driving disqualification.
- •The Appellant did not inform the Registrar of these convictions.
- •The Appellant argued that he had students relying on him and had been going through a difficult time.
- •The appeal was heard via a paper hearing.
Legal Principles
Conditions for entry and retention on the Register of Approved Driving Instructors require the applicant to be and continue to be a "fit and proper person".
Road Traffic Act 1988, s. 125(3) and s. 127(3)(e)
The "fit and proper person" condition means maintaining public confidence in the register; the Registrar must be able to scrutinize effectively, including considering the implications of convictions.
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808
Appeals to the Tribunal are re-hearings; the Tribunal takes a fresh decision, giving appropriate weight to the Registrar's reasons.
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
Outcomes
The appeal was dismissed.
The Appellant's driving offences (failure to provide driver details and speeding) were serious enough to warrant removal from the Register. His failure to notify the Registrar further aggravated the situation. The disqualification reinforced the decision.