FT/D/2025/0386/FPP - [2025] UKFTT 01264 (GRC)

Guidance and the Code

The Driver & Vehicle Standards Agency ("DVSA") has issued Guidance ("the Guidance") which an ADI is required to declare they have read when applying to become an ADI. It states for example that there are some situations where it would be unlikely an ADI would be deemed to be a FPP and allowed to remain on the Register and these include incurring both motoring and non-motoring offences. As regards motoring offences the Guidance says:-

"It’s also unlikely that you’ll be classed as a ‘fit and proper’ person if you’ve been found guilty of: excessive speeding.

Many of these offences will result in 6 or more penalty points being put on your driving licence.

The ADI Registrar has refused applications or removed an ADI from the register when they’ve had 5 or more penalty points within the last 3 years under the ‘totting up’ rules."

As regards the FPP test the Guidance says:-

You must be a ‘fit and proper’ person to be an ADI.

ADIs are in a position of considerable trust. The ADI Registrar protects the image of the register and maintains the public’s confidence in the ADI industry.

The law says you must be a ‘fit and proper’ person, but does not define what it means.

It’s also unlikely that you’ll be classed as a ‘fit and proper’ person if you’ve been found guilty of: excessive speeding

The Guidance also says "You must write to the ADI Registrar within 7 days if you get a caution or conviction. This includes:..any motoring or non-motoring offence, including penalty points."

Additionally a code of practice for ADIs ("the Code") has been agreed between the DVSA and the National Associations Strategic Partnership, a steering group for approved driving instructor associations. Whilst it is voluntary the Guidance states that "It is a framework within which all instructors should operate."This includes that the instructor agrees to "at all times comply with legislative requirements..."

Also of note is that when applying for the renewal of his registration on 8 November 2022 the Appellant declared that he understood that "...I must tell the ADI Registrar within 7 days if:...I'm convicted of any offence including motoring offences fixed penalties and non motoring offences."