FT/D/2024/0537/FPP - [2025] UKFTT 01241 (GRC)

Conclusions

If an ADI’s name is allowed to be put on the Register when they have demonstrated behaviours which are relevant to fitness, this will diminish the standing of the Register and undermine the public’s confidence in the Register. This includes behaviour relating to driving.

ADIs are held to a higher standard than ordinary motorists. The public has the right to expect that those who are registered as ADIs adhere to the highest standards of motoring, which they themselves should be teaching to their pupils. Teaching people of all ages to drive safely, carefully, and competently is a professional vocation requiring a significant degree of responsibility. Such a demanding task should only be entrusted to those with high personal and professional standards and who themselves have demonstrated a keen regard for road safety and compliance with the law.

The Registrar has the duty of ensuring that only those of appropriate standing are on the Register, and that those who are on it understand their responsibilities and can show they not only know the rules but follow them. It is essential that ADIs follow the law that they are supposed to be teaching to often young and impressionable pupils. We are aware that the Registrar consistently views six points on a driving licence as a serious matter which means someone is not a fit and proper person.

The Tribunal considered all the evidence before it. On the one hand the Appellant’s conduct was not becoming of an ADI. However, the Appellant gave what the Tribunal felt was honest and thoughtful evidence of what had happened, including being aware of the impact it had had on his pupil and how he was able to handle her distress. We considered that he was very well aware of the circumstances of what happened and the consequences and that he showed genuine remorse. We considered it would be very unlikely that he would repeat the offence and that the usual system he has in place for preventing his mobile phone from being out in lessons is robust.

Accordingly, the Tribunal came to the view, having had the benefit of hearing from the Appellant, that it would be wrong to remove the Appellant from the Register. The Tribunal considered the Appellant was still fit and proper to remain on the Register. Having said that, the Appellant should understand that this was a very close decision. The Tribunal through the Registrar would like a very clear warning given that any further motoring offences would likely lead to removal.

The Appeal is allowed accordingly.