Tribunal allows appeal of driving instructor's registration removal

Background and Context

The First-tier Tribunal's General Regulatory Chamber recently adjudicated on an appeal involving Shaheen Jamil, a driving instructor whose name was removed from the Register of Approved Driving Instructors by the Registrar. The decision was made under section 128(2)(e) of the Road Traffic Act 1988, which requires instructors to be 'fit and proper' persons. The case was heard remotely via the Cloud Video Platform on 12 March 2025, with the decision handed down on 19 March 2025.

Registrar's Decision

The Registrar's decision to remove Jamil's name from the register was based on a fixed penalty notice issued on 13 August 2023 for using a vehicle uninsured against third-party risks, resulting in six penalty points. The Registrar had warned Jamil in March 2024 that her name might be removed unless she made representations within 28 days, which she failed to do, leading to the removal decision.

Appellant's Grounds for Appeal

Jamil, representing herself, argued that her failure to respond was due to being abroad in Pakistan. She contended that her otherwise unblemished 35-year driving record and her three-year tenure as an instructor should be considered. She expressed remorse and highlighted her dedication to professional development and community support among local driving instructors.

Hearing and Evidence

During the remote hearing, Jamil reiterated her grounds for appeal, emphasizing mitigating factors such as health issues and marital problems at the time of the insurance lapse. She had since implemented systems to prevent future oversights, including using digital reminders for key dates related to vehicle insurance and maintenance.

Tribunal's Analysis

Tribunal Judge Kenneth Mullan acknowledged Jamil's honest and credible testimony, noting her remorse and proactive steps to address the oversight. The Tribunal considered her strong professional record and the absence of other offences or regulatory actions against her.

Decision and Implications

The Tribunal allowed the appeal, reinstating Jamil's name on the register. Judge Mullan cautioned Jamil about the seriousness of driving without insurance and the potential consequences of future transgressions. The decision underscores the importance of maintaining high professional standards and the Tribunal's willingness to consider individual circumstances.

Conclusion

This case highlights the rigorous standards expected of driving instructors and the balancing act between regulatory compliance and individual circumstances. It serves as a reminder of the need for meticulous attention to legal obligations, especially in professions requiring public trust.

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