Andrew Rayson v The Registrar of Approved Driving Instructors
[2024] UKFTT 771 (GRC)
Rosie Bear-Robinson v The Registrar of Approved Driving Instructors
19 June 2024
[2024] UKFTT 551 (GRC)
First-tier Tribunal
A driving instructor missed three important tests. She tried to explain why, but the judge didn't believe her, especially about missing the last two. The judge said she deliberately avoided the tests, and so she was removed from the list of approved instructors, meaning she can no longer teach people to drive.
Key Facts
- •Rosie Bear-robinson (Appellant) appealed the Registrar of Approved Driving Instructors' decision to remove her from the Register.
- •The removal was due to her failure to undergo three consecutive "continued ability and fitness to give instruction" tests.
- •The Appellant provided explanations for missing each test, including being abroad, illness, and a pre-booked holiday.
- •The Registrar found insufficient evidence of good reasons for missing the tests.
- •The Tribunal heard evidence from the Appellant and considered documentation from both sides.
Legal Principles
Approved Driving Instructors must submit to fitness and ability tests if required by the Registrar.
Section 125(5) Road Traffic Act 1988
The Registrar may remove an ADI from the register for failing to attend or failing a fitness and ability test.
Section 128(2)(c) or (d) Road Traffic Act 1988
Appeals against the Registrar's decision are heard as a rehearing; the Tribunal stands in the Registrar's shoes and makes a fresh decision.
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 is dismissed.
The Tribunal found the Appellant's explanations for missing the tests unconvincing, particularly regarding the second and third missed tests. They concluded that the failure to attend the third test, following the unexplained absence for the second, constituted a deliberate refusal to be tested.
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