Key Facts
- •Yadhanga MHango appealed the Registrar of Approved Driving Instructors' (Registrar's) refusal of his application for a driving instructor licence.
- •The refusal was based on a speeding conviction resulting in 5 penalty points.
- •The Appellant argued the 'fit and proper person' criteria were imprecise and disproportionate, citing his clean driving record (except for this one instance in 30 years), his work as a lay preacher and private hire driver, and DBS check for transporting school children.
- •The Registrar noted discrepancies in the Appellant's account of the speeding offence and his failure to disclose pending prosecution at the time of application.
- •The Tribunal considered the case on the papers.
Legal Principles
An applicant for a driving instructor licence must be and remain a 'fit and proper person'.
Road Traffic Act 1988, s. 125(3) and s. 127(3)(e)
The 'fit and proper person' test requires consideration of the implications of convictions and 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 the Appellant's inconsistent account of the speeding offence and failure to disclose pending prosecution concerning, outweighing his other positive character attributes. The severity of the speeding offence (indicated by the penalty points) also raised concerns.