Simon Willoughby v The Registrar of Approved Driving Instructors

21 August 2024

[2024] UKFTT 819 (GRC)

First-tier Tribunal

A driving instructor lost his license for speeding. He appealed, showing he'd improved his driving and had no further problems. The court gave him his license back because enough time had passed and he'd shown he'd changed, but warned him not to speed again.

Key Facts

•Simon Willoughby's name was removed from the Register of Approved Driving Instructors (ADI) on 21 April 2023 due to speeding offences.
•The offences resulted in penalty points: 19 November 2019, 25 November 2020, and 30 January 2023.
•Willoughby appealed, arguing the 2019 offence was irrelevant, the 2020 offence occurred before he was an ADI, and the 2023 offence happened while under pressure from an unscrupulous employer.
•The appeal was delayed for a year.
•Willoughby was unrepresented at the hearing; the Respondent was represented by the DVSA.
•Willoughby had a speed awareness course over 10 years ago.
•Willoughby claimed improved driving since ADI training and highlighted his successful self-employed business and pass rates.
•Willoughby stated he was the sole provider for his family, with his wife recently unemployed and having undergone a serious operation.

Legal Principles

ADIs must be and remain 'fit and proper persons' to be on the register.

Sections 125(3) and 127(3)(e) Road Traffic Act 1988

'Fit and proper person' requires consideration of maintaining public confidence in the register and effective scrutiny by the Registrar.

Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808

Appeals are re-hearings; the Tribunal considers the Registrar's reasons but makes a fresh decision.

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 is allowed.

While Willoughby's conduct was initially concerning, the Tribunal considered the passage of time (16 months since appeal lodging), his evidence of rehabilitation, and the absence of further offences. The Tribunal deemed him fit and proper to remain on the register, largely due to rehabilitation and time elapsed.

Simon Willoughby v The Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

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