Pump Court Chambers

Driving instructor allowed to continue working after using mobile

News 3rd September 2018
Mark Ruffell

Mark Ruffell has successfully appealed on behalf of a Driving Instructor who had been declared to be not a fit and proper person to be an instructor following receiving 6 penalty points for using his mobile telephone whilst instructing.

The Registrar of Driving Instructors ordinarily seeks to remove an instructor from the register of approved instructors if the instructor receives 5 of more penalty points. The instructor had used his mobile telephone with a pupil driving under instruction. He had used it briefly as his Bluetooth had failed and he considered that he was receiving an emergency call dealing with a family crisis. The call was short, the road conditions were fine and the pupil was at test standard, going on to pass his test the following week. The instructor had 27 years unblemished record as an instructor.

Announcing the decision of the First Tier Tribunal at the end of the hearing, Judge Hinchcliffe stated that he would give full reasons at a later date.

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