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

Relevant law

A person may only provide paid driving instruction if his name is on the Register (section 123(1) of the Act) or if he holds a licence by section 129(1) of the Act and in accordance with The Motor Cars (Driving Instruction) Regulations 2005. Sections 128(1) and 128(2)(e) of the Act provide that the Registrar may remove a person's name from the Register if satisfied that he has ceased to be a FPP.

The FPP test was considered in Harris -v- Registrar of Approved Driving Instructors [2010] EWCA Civ 808 whereRichards LJ held at para 30:-

".....I do not accept that the scope of the "fit and proper person" condition is as narrow as Mr Leviseur contended. Of course, a central question is an applicant's fitness to be a driving instructor – that he has the requisite instructional ability and driving ability and that he does not pose a risk in any respect to his pupils or other users of the road. The "fit and proper person" condition has obvious relevance to that issue, though the more technical aspects are covered by other, more specific conditions relating to tests, driving licence and the like. But the condition is not simply that the applicant is a fit and proper person to be a driving instructor; it is that he is a fit and proper person to have his name entered in the register. Registration carries with it an official seal of approval: those registered are known as "Driving Standards Agency Approved Driving Instructors"