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

The Appeal

The Appellant lodged an appeal on form GRC1 dated 7 May 2025. In summary he made the following points:

He believes the decision does not sufficiently consider the broader circumstances surrounding the incident, his long-standing exemplary record of service within the industry over 18 years or his suitability as an ADI.

The incident occurred at the start of a lesson when he was stationary and he had genuinely forgotten to place his mobile phone away when conversing with the student. The phone had illuminated due to an incoming message and was on his lap, but he was not actively using it or engaging in any form of communications on it. His intention was to turn the volume down and place it in the glove compartment to avoid further distraction, but he was approached by a police officer before he could do so. This incident caused distress to his student.

He proactively notified the Registrar of the offence.

Removal from the Register would have a profound impact on his ability to support his family financially and disrupt the progress of his students.

The Registrar’s Statement of Case dated 2 September 2025 resists the appeal. The Registrar says that the Appellant’s driving licence is endorsed with 6 penalty points, and an ADI is expected to have standards of driving and behaviour above that of an ordinary motorist. In committing the offence while conducting a driving lesson, the Registrar does not believe that the Appellant has displayed the level of responsibility or commitment to improving road safety that he would expect to see from a professional ADI.

The Appellant did not provide a Reply.