Registrar of Approved Driving Instructors v CJ
| Jurisdiction | UK Non-devolved |
| Judge | Judge |
| Neutral Citation | [2019] UKUT 230 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Transport - Driving Instructor cases,Ward,C |
| Date | 24 July 2019 |
| Published date | 30 September 2019 |
GT/2172/2018
Registrar of Approved Driving Instructors v C
[2019] UKUT 230 (AAC)
1
IN THE UPPER TRIBUNAL Case No GT/2172/2018
ADMINISTRATIVE APPEALS CHAMBER
Before UPPER TRIBUNAL JUDGE WARD
Attendances:
For the Appellant: Ms Clare Jackson of the office of the
Registrar of Approved Driving Instructors
For the Respondent: No attendance or representation
Decision: The appeal is dismissed.
REASONS FOR DECISION
1. In this decision, which relates to an appeal by the Registrar of Approved
Driving Instructors, in order to avoid confusion I refer to the appellant as “the
Registrar” and the respondent as “the instructor”.
2. On 28 December 2017 the instructor was convicted of the offence of being
“in charge of a vehicle while alcohol level above limit”, contrary to section 5 of
the Road Traffic Act 1988 (“the RTA”). The circumstances, put briefly, were
that after sharing a bottle of wine with a friend who was on an infrequent visit
from abroad, he went to his car to remove his teaching manuals and
equipment rather than leave them in the car overnight parked on the highway
verge, having previously experienced vandalism to, and thefts from, his
vehicle. The key was in the ignition (for reasons which are not in evidence)
but the car engine was cold when checked by the police.
3. The instructor reported his conviction promptly to the Registrar. On 15
February 2018 the Registrar issued a decision removing the instructor from
the register of approved driving instructors under section 128(2) of the RTA on
the ground that “he ceased… to be a fit and proper person to have his name
included in the register.”
4. On his appeal, the First-tier Tribunal (“FtT”) on 22 June 2018 reversed that
decision. The Registrar now appeals, with permission given by the Chamber
President of the General Regulatory Chamber.
5. An oral hearing was directed at the request of the Registrar and held at
Gateshead Court on 18 July 2019. On 15 July the instructor emailed the
Upper Tribunal to say that due to a domestic accident that had resulted in
what sounded like quite serious injuries he was unable to attend. It was
unclear whether he was seeking a postponement and I caused a reply to be
sent to him inquiring whether he would be in a position to participate by
telephone, or wanted a postponement or for the hearing to go ahead. His
reply was that he felt that the best option was for the hearing to take place in
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