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

The relevant facts

On 5 March 2025, the Appellant emailed the Registrar to inform him that he had just had 6 penalty points added to his licence for a CU80 offence. He expressed his regret and remorse.

Following this notification, the Registrar’s staff obtained a printout of the DVLA Swansea database, which confirmed that on 11 February 2025 he had committed the offence of breach of requirements as to control of the vehicle, mobile phones and so on and his driving licence was endorsed with 6 penalty points.

On 13 March 2025, the Registrar emailed the Appellant giving him written notice that he was considering removing his name from the Register on the grounds that he had ceased to be a fit and proper person to have his name retained in it. The Appellant was given 28 days to make representations.

The Appellant replied on 31 March 2025. He said that he and his student were stationary at a traffic light when his phone lit up and emitted a sound due to an incoming message. He had forgotten to place the phone in the glove box before the lesson and intended to mute the device and put it in the glove compartment. He was not actively using the phone, but acknowledges that having on his lap is a breach of the law for which he takes full responsibility. He has also had multiple family bereavements which he says have placed additional emotional strain on him.

The Registrar gave notice on 11 April 2025 that he had decided to remove the Appellant from the Register.