Tribunal overturns driving instructor licence refusal

24 Feb 2025Court Report

First-tier Tribunal allows appeal against refusal to grant trainee driving instructor licence due to penalty points

Tribunal overturns decision on driving instructor licence

The First-tier Tribunal (General Regulatory Chamber) has allowed an appeal brought by Muhammed Mahbub Hussain Uddin against the Registrar for Approved Driving Instructors. The case revolved around the refusal to grant Uddin a trainee driving instructor licence due to a fixed penalty notice he accepted in July 2023, which resulted in six penalty points on his driving licence.

The Tribunal, presided over by Tribunal Judge Heald and members Rawsthorn and Smith, heard the appeal via the Cloud Video Platform on 11 February 2025, with the decision rendered on 21 February 2025. Uddin represented himself, while Mr Russell appeared for the Registrar by telephone.

The case focused on the Registrar's decision made on 22 July 2024, which deemed Uddin not a 'fit and proper person' (FPP) to hold a trainee licence, a requirement under the Road Traffic Act 1988. The Registrar's decision was influenced by guidance stating that individuals with five or more penalty points within the last three years could be refused entry onto the Register of Approved Driving Instructors.

Uddin argued that his penalty points arose from a brief engagement with a personal digital assistant while stationary at a traffic light, a device essential for his work as a courier driver. He accepted the penalty notice without dispute, acknowledging his mistake and expressing remorse. Uddin highlighted his long-standing employment as a professional driver without prior incidents and his commitment to road safety and professional development.

The Tribunal considered the Registrar's reasons, including the importance of maintaining high standards among driving instructors. However, it found that Uddin's long and otherwise incident-free driving record, his insight into the incident, and the potential misunderstanding from the DVSA's communication in February 2024 warranted a different conclusion.

The Tribunal noted that the DVSA's response might have led Uddin to believe he could continue his qualification process despite the penalty points. This, coupled with the Registrar's decision to defer a fitness assessment until after Uddin passed part 2 of the qualifying examination, contributed to the Tribunal's decision to allow the appeal.

The decision underscores the Tribunal's role in taking a fresh view of the evidence and circumstances, giving appropriate weight to the Registrar's initial decision while ensuring fairness and justice for the appellant.