Andrew Firman v The Registrar of Approved Driving Instructors
[2024] UKFTT 454 (GRC)
Donald Julian Edmunds v The Registrar of Approved Driving Instructors
21 August 2024
[2024] UKFTT 818 (GRC)
First-tier Tribunal
A driving instructor with a long history got his license to teach driving taken away because he got speeding tickets twice in a short time. The court decided the driving instructor's bad driving was more important than his good record and kept the license taken away.
Key Facts
- •Donald Julian Edmunds, a 73-year-old driving instructor with 50 years of experience, appealed the Registrar of Approved Driving Instructors' decision to remove his name from the register.
- •The removal was due to two speeding offences in June 2022 and January 2023.
- •Edmunds argued the first offence involved a short distance and the second was possibly his pupil's fault, with a recent change in speed limits.
- •He highlighted the significant financial impact of deregistration.
- •The Registrar warned Edmunds after the first offence about the importance of adhering to road safety laws.
Legal Principles
A driving instructor must be and remain a "fit and proper person" to be on the register (s. 125(3) and s. 127(3)(e) Road Traffic Act 1988).
Road Traffic Act 1988
Maintaining public confidence in the register is crucial; the Registrar must be able to carry out scrutiny effectively (Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808).
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808
Appeals are re-hearings; the Tribunal considers the Registrar's reasons and makes a fresh decision (R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31, affirmed in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60).
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 found the speeding offences, their proximity, and Edmunds' explanations concerning the driving to be serious, outweighing his previous good record. Maintaining public confidence in the register required upholding standards, and allowing Edmunds to remain would send the wrong message.
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