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

The evidence

We have considered a bundle of evidence containing 24 numbered pages.

We heard submissions from the Appellant at the hearing. He explained that at the time of the incident, he was not on his phone, but had just started a lesson and had forgotten to put it away. The phone went off in the lesson, and when the car was stationary at traffic lights he was moving the phone to the glove box when a police officer stopped him with an illuminated phone in his hand. He said that his pupil was distressed and concerned so he did not challenge the officer or attempt to argue with him, as he understood the nature of the offence.

The Appellant said that he had never had points or any prior conviction before and he was disappointed in himself and the situation, because he realised that he could be taken off the register and lose his livelihood. He noted that he had informed the Registrar of the offence proactively, because of how serious the situation was.

When asked about how he normally dealt with mobile phones in lessons, he explained that when he parks up prior to a lesson, he will call his pupil to let them know he is outside or knock on the door. Once the pupil is inside the car he puts the phone into the glove compartment or his bag and starts the lesson. In this instance he had just responded to a message before the lesson started and was going through a bereavement at the time, so he forgot to put the phone away and it was on charge between the two seats. The lesson had only just started.

He described the impact which the incident had had on his pupil, which was concern about what was happening. He was clear with her about what had happened and why he was in trouble and also that it would not affect her. She had not seen him on the phone. He ended the lesson early because they were both distressed, but she did continue with other lessons with him after that day.

The Appellant said that he did understand the offence and it was a mistake for a short while when the vehicle was stationary. He has been an ADI for a long time and it is his livelihood and passion. He has a clean record and considers that he is an asset to the industry because of how he deals with pupils. He concluded by saying it had never happened before, would never happen again and that he accepted he had made a mistake.