Key Facts
- •Dewi Gwyn Roberts appealed the Registrar of Approved Driving Instructors' decision to remove him from the register.
- •The removal was due to Roberts failing four consecutive 'continued ability and fitness to give instruction' tests.
- •The failures occurred on 6th September 2019, 8th December 2019, 25th February 2020, and 2nd May 2023.
- •Roberts accepted the test results but argued they didn't reflect his abilities, citing a gap caused by COVID-19.
- •He provided a reference from his driving school attesting to his skills.
- •The appeal was heard via a paper hearing.
- •The Tribunal considered a 31-page bundle of evidence.
Legal Principles
An Approved Driving Instructor must submit to continued fitness and ability tests if required by the Registrar.
Road Traffic Act 1988, Section 125(5)
The Registrar may remove an Approved Driving Instructor from the register if they fail to attend or fail a fitness and ability test.
Road Traffic Act 1988, Section 128(2)(c) or (d)
Appeals against check test conduct go to the Magistrates' Court, not the Tribunal.
Road Traffic Act 1988, Section 133
Appeals against the Registrar's decision 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 Tribunal, standing in the Registrar's shoes, considered the four test failures conclusive evidence of inadequate teaching standards. The Appellant's arguments and reference were insufficient to overcome this.