FT/D/2024/0824/FPP - [2025] UKFTT 01240 (GRC)

The relevant facts

On 5 August 2024, the Appellant emailed the Registrar to inform him that he had just had 6 penalty points added to his licence for a CU80 offence.

Following this notification, the Registrar’s staff obtained a printout of the DVLA Swansea database, which confirmed that on 18 May 2024 he had committed the offence of breach of requirements as to control of the vehicle, mobile phones and so on and, having accepted the fixed penalty notice offence, his driving licence was endorsed with 6 penalty points.

On 13 August 2024, 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 17 August 2024. He said that whereas it is obvious from the footage that he was indeed holding a mobile at the time, the phone was at no point being used, although he cannot offer an explanation for why it was in his hand. He was extremely sorry and accepted the offence. He said that he was not making or receiving a call or message at that time and was alone in the car. The location of the offence was a very quiet dead-end street with little or no traffic and he was travelling at a very low speed with the road ahead receiving his full attention. He also said he had had no negative feedback during his time as an instructor and had no previous convictions of this sort. He was concerned that he would not find employment if removed from the Register because of his age.

The Registrar gave notice on 11 September 2024 that he had decided to remove the Appellant from the Register.