Driving instructor wins appeal against removal from register

Background

The First-tier Tribunal (General Regulatory Chamber) recently ruled in favour of Damon Charles, a driving instructor, who appealed against his removal from the register of approved driving instructors. The case, heard on 14 February 2025, centred around a conviction for using a mobile phone while driving, which led to Charles being deemed not a 'fit and proper' person under section 128(2)(e) of the Road Traffic Act 1988.

The Offence

The incident that led to the conviction occurred on 24 February 2023, when Charles was charged with a breach of requirements as to control of the vehicle, specifically using a mobile phone while driving. Initially offered a fixed penalty of three points and a £100 fine, Charles failed to provide the necessary driving licence details, leading to a Single Justice Procedure Notice and ultimately a conviction with six penalty points.

Legal Framework

Under the Road Traffic Act 1988, driving instructors must be registered and deemed 'fit and proper'. The Registrar of Approved Driving Instructors can remove a name from the register if the individual no longer meets these criteria. Charles was informed of his removal by letter on 24 May 2024, following his conviction.

Appeal and Tribunal Hearing

Represented by Mr Tom Flavin, Charles appealed the decision, arguing that the DVSA did not adequately consider his representations and that the penalty points were a result of procedural misunderstandings rather than intentional misconduct. The Tribunal, chaired by District Judge Watkin, reviewed a comprehensive bundle of documents, including the Traffic Offence Report and references from fellow instructors.

Tribunal's Findings

The Tribunal found that the offence, typically warranting three penalty points, had been exacerbated by procedural errors rather than the nature of the driving offence itself. The Tribunal accepted Charles' explanation that his failure to submit the licence was not intentional and noted his otherwise exemplary record as a driving instructor.

Decision

The Tribunal allowed the appeal, concluding that Charles remained a 'fit and proper' person to be on the register. It noted the importance of fair treatment for driving instructors and acknowledged the significant impact of the decision on Charles' livelihood. The Tribunal directed that his name be restored to the register, pending renewal of his registration.

Implications

This decision highlights the importance of procedural fairness and the need for regulatory bodies to consider the full context of an individual's circumstances when making decisions that impact professional livelihoods. It also underscores the challenges faced by driving instructors in maintaining compliance with regulatory standards.

Conclusion

The case sets a precedent for similar appeals, emphasising the need for careful consideration of procedural factors in regulatory decisions. It also serves as a reminder for driving instructors to ensure thorough compliance with procedural requirements to avoid similar situations.

Learn More

For more information on driving instructor regulations and maintaining compliance, see BeCivil's guide to UK Employment Law.