Tribunal dismisses appeal over driving instructor registration

Tribunal dismisses appeal over driving instructor registration

The First-Tier Tribunal (General Regulatory Chamber) has dismissed an appeal by Mr. Homayon Rasoly, who sought to overturn the decision of the Registrar of Approved Driving Instructors. The Registrar had refused to enter Mr. Rasoly's name onto the Register of Approved Driving Instructors, citing a lack of fitness and propriety due to a motoring offence conviction.

The appeal was heard on 24 February 2025, with the decision handed down on 13 March 2025. Mr. Rasoly was represented by Mr. P. Jewell, Solicitor, while the Registrar was not represented.

The case centred around Mr. Rasoly's conviction for failing to provide information regarding the identity of a driver, an offence for which he was penalised with six points on his driving licence and a fine of £660. This conviction, dated 8 January 2024, was pivotal in the Registrar's decision to deny his application.

Mr. Rasoly argued that he was a victim of identity fraud and that the vehicle involved was not owned by him. He claimed that his attempts to address this through a Statutory Declaration were thwarted by the police and the Magistrates' Court.

The Tribunal reviewed evidence including emails from the Magistrates' Court and Essex Police, which did not support Mr. Rasoly's claims of identity fraud. Despite additional documentation provided by Mr. Rasoly's solicitor, the Tribunal found the evidence insufficient to overturn the Registrar's decision.

The Tribunal emphasised the importance of maintaining public confidence in the Register of Approved Driving Instructors. It noted that the integrity of the Register required that only those who met high standards of conduct and behaviour should be included.

In its decision, the Tribunal considered whether the refusal to register Mr. Rasoly was proportionate. Given the gravity of the offence and its implications for public safety and trust, the Tribunal concluded that the decision was justified.

The Tribunal's ruling underscores the stringent criteria for entry onto the Register, reflecting the significant responsibility held by driving instructors in ensuring road safety.

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