Andrew Firman v The Registrar of Approved Driving Instructors
[2024] UKFTT 454 (GRC)
Jonathan Peter Dowles v The Registrar of Approved Driving Instructors
30 May 2024
[2024] UKFTT 453 (GRC)
First-tier Tribunal
A driving instructor appealed his removal from the register for speeding twice. The judge agreed that the punishment was too harsh given the time between offences and the impact on his livelihood. He was allowed to keep his job but got a warning – one more mistake and he’s out!
Key Facts
- •Jonathan Peter Dowles appealed the Registrar of Approved Driving Instructors' (Registrar) decision to remove his name from the Register.
- •The removal was due to two speeding offences in 2020 and 2023.
- •The Registrar argued the offences were serious and undermined public confidence in the Register.
- •Dowles argued the removal would have dire financial consequences and pleaded for mercy.
- •The Respondent (Registrar) failed to submit a response to the appeal.
- •The Tribunal conducted a paper hearing and considered the decision letter and notice of appeal.
Legal Principles
Conditions for entry and retention on the Register require the applicant to 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 involves maintaining public confidence in the register.
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, approved in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was allowed.
The Tribunal considered the three-year gap between offences, the short duration of the six penalty points, the financial impact on the appellant, and his overall character. They found the Registrar's decision to be too harsh.
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