Key Facts
- •Shaoib Gul appealed the Registrar of Approved Driving Instructors' (Respondent) refusal of his trainee driving instructor licence application.
- •The refusal was based on a 2022 conviction for driving without due care and attention.
- •The Appellant argued the decision was unreasonable, irrational, and disproportionate.
- •The Respondent was barred from further participation due to non-compliance with Tribunal Directions.
- •The Appellant presented character references and evidence of subsequent exemplary driving.
- •The Respondent argued that the Appellant's conviction demonstrated a lack of responsibility and commitment to road safety.
Legal Principles
Applicants for a trainee driving instructor licence must be 'fit and proper persons'.
Road Traffic Act 1988, s.125(3) and s.129(4)
The 'fit and proper person' condition requires more than just fitness to be a driving instructor; it relates to registration on the Register itself, maintaining public confidence.
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 8082
Appeals are re-hearings; the Tribunal considers the evidence afresh but gives appropriate weight to the Respondent's reasons.
Outcomes
Appeal allowed.
The Tribunal was impressed by the Appellant's remorse, acceptance of responsibility, and lack of subsequent offences. They considered the Respondent's initial position understandable but ultimately found in favour of the Appellant on the balance of probabilities.
Appellant warned.
Any further motoring convictions would almost certainly result in refusal of a licence or removal from the register.