Gulamhusen Mangera v The Registrar of Approved Driving Instructors

30 May 2024

[2024] UKFTT 455 (GRC)

First-tier Tribunal

A driving instructor lost his license for using his phone while teaching. He appealed, but the court said it was too serious a mistake – using a phone while driving is dangerous, and it would make people lose trust in driving instructors if he was allowed back.

Key Facts

•The Appellant, a driving instructor, had his application to be readmitted to the Register of Approved Driving Instructors refused by the Registrar.
•The refusal was based on the Appellant's conviction for using a mobile phone while driving, resulting in six penalty points.
•The Appellant argued that the offence wouldn't have occurred if he had been a fully registered ADI, and that the incident was a one-off.
•The Appellant also cited tragic family events and health issues as contributing factors.
•The Registrar failed to submit a response to the appeal.
•The Appellant was instructing a learner driver at the time of the offence.

Legal Principles

An applicant for registration as an Approved Driving Instructor must be, and continue to be, a 'fit and proper person'.

s. 125(3) and s. 127(3)(e) Road Traffic Act 1988

The 'fit and proper person' condition requires consideration of the implications of any convictions and the maintenance of public confidence in the register.

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

Appeals 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 considered the seriousness of the offence, particularly given that it occurred while the Appellant was instructing a learner driver. The Tribunal found the Appellant's explanations unconvincing and determined that readmitting him would undermine public confidence in the register.

Gulamhusen Mangera v The Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

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