Gulamhusen Mangera v The Registrar of Approved Driving Instructors
[2024] UKFTT 455 (GRC)
Nawaz Monnan v The Registrar of Approved Driving Instructors
18 June 2024
[2024] UKFTT 524 (GRC)
First-tier Tribunal
A driving instructor got a ticket for using his phone while driving. He applied to become a registered instructor but was rejected because of the ticket. He said he wasn't actually *teaching* when he used his phone, but the judge didn't believe him and said he wasn't fit to be a driving instructor because of the ticket. His appeal was denied.
Key Facts
- •Appellant's application to be recorded on the Register of Approved Driving Instructors was refused by the Registrar.
- •Refusal was based on a fixed penalty offence for using a mobile phone while in charge of a vehicle.
- •Appellant appealed, arguing he was supervising, not instructing, at the time of the offence and that the conviction was unfair.
- •The Tribunal heard evidence from the Appellant and the Respondent (DVSA).
- •Appellant claimed he was assessing an international licence holder, not instructing a pupil.
- •The Tribunal considered the Appellant's email to the DVSA, which appeared to suggest he was teaching at the time.
Legal Principles
For entry and retention on the Register of Approved Driving Instructors, an applicant must be and continue to be a "fit and proper person".
s. 125(3) and s. 127(3)(e) Road Traffic Act 1988
The Registrar may refuse registration if there's a change in circumstances indicating the applicant is no longer a "fit and proper person". The burden of proof is on the Registrar.
Implicit in Road Traffic Act 1988, and case law.
The "fit and proper person" test considers maintaining public confidence in the register; registration carries an official seal of approval.
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808
Tribunal appeals are re-hearings; the Tribunal stands in the Registrar's shoes and 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
Appeal dismissed.
The Tribunal found the Appellant used a mobile phone while teaching, undermining his fitness and propriety. Even if he wasn't teaching, the unchallenged conviction casts a shadow over his character.
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