Michael Kemp v The Registrar of Approved Driving Instructors
[2024] UKFTT 523 (GRC)
Kevin Smith v The Registrar of Approved Driving Instructors
5 September 2024
[2024] UKFTT 769 (GRC)
First-tier Tribunal
Kevin Smith wanted to be a driving instructor but was caught speeding twice. Because of this, and because he didn't tell the authorities about the second speeding ticket, he wasn't allowed to become an instructor. A judge agreed with the decision because driving instructors need to be role models and follow the rules of the road.
Key Facts
- •Kevin Smith's application to be an Approved Driving Instructor (ADI) was refused by the Registrar.
- •The refusal was based on two speeding offences committed by Smith within a short period.
- •Smith was warned after the first offence about the consequences of further offences.
- •Smith did not report the second offence within the required timeframe.
- •Smith argued that subsequent training had improved his driving and mindset.
- •The Tribunal considered the evidence and the Registrar's decision.
Legal Principles
An applicant for ADI registration must be and remain a "fit and proper person"
Sections 125(3) and 127(3)(e) Road Traffic Act 1988
The "fit and proper person" condition requires consideration of 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 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; Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The Tribunal found that the Registrar had no option but to refuse the application due to the two speeding offences, the prior warning, the failure to report the second offence, and the need to maintain public confidence in the ADI register.
Similar Cases
Ali Adnan v Registrar of Approved Driving Instructors
[2024] UKFTT 740 (GRC)
Clifford Craven v Registrar of Approved Driving Instructors
[2024] UKFTT 762 (GRC)
Yadhanga Mhango v The Registrar Of Approved Driving Instructors
[2024] UKFTT 981 (GRC)
Mohammed Sami Uddin v The Registrar of Approved Driving Instructors
[2024] UKFTT 548 (GRC)