Andrew Firman v The Registrar of Approved Driving Instructors
[2024] UKFTT 454 (GRC)
Joffre Navas v The Registrar of Approved Driving Instructors
21 August 2024
[2024] UKFTT 821 (GRC)
First-tier Tribunal
A driving instructor appealed his removal from the register after getting three speeding tickets. He blamed a broken speedometer, but the judge didn't believe him and also noted he didn't report the tickets. Because the instructor's actions could damage public trust in driving instructors, the appeal was rejected and he was removed from the register.
Key Facts
- •Joffre Navas appealed the Registrar of Approved Driving Instructors' decision to remove his name from the Register.
- •The removal was due to three speeding offences within a year.
- •Navas claimed a faulty speedometer caused the offences.
- •Navas failed to notify the Registrar of the second and third offences.
- •Navas had 9 penalty points on his driving licence.
Legal Principles
A person must be and continue to be a "fit and proper person" to be on the Register of Approved Driving Instructors.
Road Traffic Act 1988, s. 125(3) and s. 127(3)(e)
The Registrar must maintain public confidence in the register; registration carries an official seal of approval.
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808
Appeals to the Tribunal are re-hearings; the Tribunal makes 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 and Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The Tribunal found Navas's explanation unconvincing and his failure to report the offences concerning. Maintaining public confidence in the register required Navas's removal.
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