Andrew Firman vs The Registrar of Approved Driving Instructors

This case concerned an appeal by Andrew Firman against the decision of the Registrar of Approved Driving Instructors to remove his name from the Register due to repeated motoring offences.

TLDR:

• Andrew Firman appealed against his removal from the Register of Approved Driving Instructors.
• The Registrar removed Firman due to two speeding offences.
• The Tribunal upheld the Registrar's decision, emphasizing the need to maintain public confidence in the Register.

The appellant, Andrew Firman, contested the decision made by the Registrar of Approved Driving Instructors on 24th November 2023, which removed his name from the Register. The Registrar's decision was based on Firman accruing penalty points for two speeding offences, one on 6th March 2022 and another on 12th August 2023. The Registrar concluded that allowing Firman to remain on the Register would undermine public confidence.

Firman filed his Notice of Appeal on 22nd December 2023, arguing that he remained a 'fit and proper' person. He highlighted his community work and NHS involvement, acknowledging the speeding offences as lapses in concentration. Firman contended that removal from the Register was excessive for such offences and argued that more serious offences might justify removal.

The Tribunal noted the absence of a response from the Registrar, expressing concern over the oversight in such an important matter. Despite this, the Tribunal decided to proceed with a paper hearing, considering it fair and appropriate under the circumstances.

The Tribunal reviewed the evidence, including the decision letter and the Notice of Appeal. The legal framework required Firman to be a 'fit and proper person' to remain on the Register, as stipulated under sections 125(3) and 127(3)(e) of the Road Traffic Act 1988. The Registrar bears the burden of proving that an individual no longer meets this criterion.

In Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808, the Court of Appeal emphasized the importance of maintaining public confidence in the Register. The Tribunal's role is to re-hear the case and make a fresh decision based on the evidence, giving appropriate weight to the Registrar's reasons.

The Tribunal considered Firman's repeated speeding offences. Despite being warned after the first offence in 2022, Firman committed another speeding offence in 2023. The Tribunal found no justification or excuse for these offences that could mitigate the situation.

The Tribunal concluded that allowing Firman to remain on the Register would undermine public confidence. The Registrar's duty is to ensure that only individuals of appropriate standing are on the Register, and Firman's repeated offences demonstrated a failure to adhere to the rules of the road.

Therefore, the Tribunal upheld the Registrar's decision to remove Firman from the Register, dismissing the appeal with immediate effect.