{"id":561729,"date":"2026-04-14T22:50:20","date_gmt":"2026-04-14T20:50:20","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/"},"modified":"2026-04-14T22:50:20","modified_gmt":"2026-04-14T20:50:20","slug":"paulo-miguel-v-the-registrar-of-approved-driving-instructors","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/","title":{"rendered":"Paulo Miguel v The Registrar of Approved Driving Instructors"},"content":{"rendered":"
\n
\n

1. This is an appeal by the Appellant against the decision of the Registrar dated 18 September 2025 to remove the Appellant\u2019s name from the register of approved driving instructors. 2. The Tribunal received and considered a bundle of documents, and the parties attended a hearing by Cloud Video Platform. The Tribunal has had regard to all evidence and submissions contained in these documents and submitted at the hearing, whether or not these are referred to in this decision. Relevant law 3. The Registrar maintains the register of approved driving instructors, pursuant to s125 Road Traffic Act 1988 (\u201cthe Act\u201d). 4. When a person applies to be registered as an approved driving instructor, the Registrar must enter that person\u2019s name in the register if he fulfils certain conditions, including, in s125(3)(e), that the applicant is a fit and proper person to have his name entered in the register of approved driving instructors. The Act does not specify what this standard requires. 5. Section 128 of the Act provides that the Registrar may remove a person\u2019s name from the register if one or more of a number of conditions is fulfilled. One of these conditions is that the person has ceased to be a fit and proper person to be registered (s128(2)(e)). 6. In Harris v The Registrar of Approved Driving Instructors [2010] EWCA Civ 808, Richards LJ said that, when applying this standard: \u201ca central question is an applicant's fitness to be a driving instructor \u2013 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\u00a0to 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". 7. The powers of this Tribunal in relation to appeals against decisions of this nature are set out in s131 of the Act. When making a decision on any such appeal, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar\u2019s decision as the person tasked by Parliament with making such decisions. Background 8. The Appellant\u2019s name was first entered onto the register in 2023. 9. On 11 June 2025 the Appellant was involved in an incident which resulted in him receiving a fixed penalty notice for a motoring offence regarding the use of a phone while driving. This in turn resulted in six penalty points being added to the Appellant\u2019s driving licence. 10. West Midlands Police informed the Registrar that the incident had involved the Appellant stopping his car in the middle of the road, obstructing a police vehicle; taking out his phone to film the police vehicle; leaving his car while filming officers using his phone; and leaving the engine running and allowing the car to roll. The Appellant disputes this version of events. 11. Having been notified of this by West Midlands Police, the Registrar wrote to the Appellant on 20 August 2025, indicating that he was minded to remove the Appellant\u2019s name from the register on the basis that the Appellant was not a fit and proper person. 12. The Appellant made representations in an email dated 9 September 2025. 13. The Registrar wrote to the Appellant on 18 September 2025, stating that he had decided to remove the Appellant's name from the register. 14. The Appellant appealed to the Tribunal. The Appeal 15. The Appellant submits that: a. the incident which resulted in him receiving the fixed penalty notice occurred following sustained harassment by West Midlands Police, both immediately before the incident and on other occasions; b. he had taken out his phone to record evidence of actions by police officers; c. removal from the register will put him in financial difficulties; d. he has learned lessons following the incident. 16. The Registrar submits that: a. the nature and seriousness of the offence, and statements from the police regarding the Appellant\u2019s conduct during the incident, indicate that he is not a fit and proper person; b. teaching people to drive is a responsible and demanding task and should be entrusted to those with high standards; c. approval is not limited to instructional ability but extends to a person\u2019s character, behaviour and standard of conduct; d. allowing the Appellant\u2019s name to remain on the register would effectively condone this behaviour e. the Government has increased penalties for motoring offences such as these, which result in a significant number of serious deaths and injuries; and f. it would be offensive to other approved driving instructors and persons trying to qualify as approved driving instructors who had been scrupulous in their professional conduct to allow the Appellant\u2019s name to remain on the register. Discussion 17. The Appellant believes that he has been subjected to police harassment over an extended period of time, because of his race, and has made complaints to West Midlands Police regarding this. 18. It is not necessary for the purposes of this appeal for the Tribunal to find whether this alleged harassment has occurred. The Tribunal accepts as a fact that the Appellant believes that he was being harassed, both at the time of the incident and before it. 19. The Appellant gave a detailed description of events which led up to the incident in which he received the fixed penalty notice. He described a police car being driven erratically and in a way which he interpreted as an attempt to harass him. 20. The Appellant was much less clear about the circumstances of the incident itself. He disputes a number of the statements about the incident which were made by the police and passed on to the Registrar, but is unclear about some aspects of his version of events. Significantly, he says that his memory is unclear about whether he took his phone out when he was in the car, or when he was outside it. 21. When asked why he had not included any of this information in his representations to the Registrar, the Appellant said that he had been advised not to mention it. He also said that he had accepted the fixed penalty notice rather than challenge it, also based on advice, although it was unclear why this advice might have been given. Conclusion and decision 22. The Appellant clearly feels that he has been put in a very difficult position. Statements from the police count against him, but the Tribunal has not been in a position to test this evidence. 23. Given the lack of clarity in the Appellant\u2019s evidence about the circumstances of the incident, the Tribunal does not believe that the Appellant has presented sufficient evidence to show that the Registrar's decision was wrong. Accordingly, the appeal is dismissed. 24. The Tribunal records its disappointment that the Registrar has not displayed a more curious attitude to the gathering of evidence in this case, including by apparently failing to accept an offer from the police for sight of body camera footage of the incident. It would be helpful if the Registrar could present a fuller picture of the evidence in other similar cases. In this case, the Tribunal is satisfied that the appeal should be dismissed based on the evidence presented. In other appeals, the position might be different. SignedDate: Judge Maton20 March 2026<\/p>\n<\/div>\n

\n

Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

1. This is an appeal by the Appellant against the decision of the Registrar dated 18 September 2025 to remove the Appellant\u2019s name from the register of approved driving instructors. 2. The Tribunal received and considered a bundle of documents, and the parties attended a hearing by Cloud Video Platform. The Tribunal has had regard to all evidence and submissions…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7631],"kji_chamber":[],"kji_year":[7610],"kji_subject":[7632],"kji_keyword":[7633,7635,7614,8066,7641],"kji_language":[7611],"class_list":["post-561729","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-first-tier-tribunal-general-regulatory-chamber-transport","kji_year-7610","kji_subject-penal","kji_keyword-appellant","kji_keyword-driving","kji_keyword-person","kji_keyword-police","kji_keyword-registrar","kji_language-anglais"],"yoast_head":"\nPaulo Miguel v The Registrar of Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Paulo Miguel v The Registrar of Approved Driving Instructors\" \/>\n<meta property=\"og:description\" content=\"1. This is an appeal by the Appellant against the decision of the Registrar dated 18 September 2025 to remove the Appellant\u2019s name from the register of approved driving instructors. 2. The Tribunal received and considered a bundle of documents, and the parties attended a hearing by Cloud Video Platform. The Tribunal has had regard to all evidence and submissions...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/\" \/>\n<meta property=\"og:site_name\" content=\"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"\u9884\u8ba1\u9605\u8bfb\u65f6\u95f4\" \/>\n\t<meta name=\"twitter:data1\" content=\"6 \u5206\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\\\/\",\"name\":\"Paulo Miguel v The Registrar of Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#website\"},\"datePublished\":\"2026-04-14T20:50:20+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\\\/#breadcrumb\"},\"inLanguage\":\"zh-Hans\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Jurisprudences\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"Paulo Miguel v The Registrar of Approved Driving Instructors\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#website\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\",\"name\":\"Kohen Avocats\",\"description\":\"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.\",\"publisher\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"zh-Hans\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#organization\",\"name\":\"Kohen Avocats\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"zh-Hans\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"contentUrl\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"width\":2114,\"height\":1253,\"caption\":\"Kohen Avocats\"},\"image\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#\\\/schema\\\/logo\\\/image\\\/\"}}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Paulo Miguel v The Registrar of Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/","og_locale":"zh_CN","og_type":"article","og_title":"Paulo Miguel v The Registrar of Approved Driving Instructors","og_description":"1. This is an appeal by the Appellant against the decision of the Registrar dated 18 September 2025 to remove the Appellant\u2019s name from the register of approved driving instructors. 2. The Tribunal received and considered a bundle of documents, and the parties attended a hearing by Cloud Video Platform. The Tribunal has had regard to all evidence and submissions...","og_url":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/","og_site_name":"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","twitter_card":"summary_large_image","twitter_misc":{"\u9884\u8ba1\u9605\u8bfb\u65f6\u95f4":"6 \u5206"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/","url":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/","name":"Paulo Miguel v The Registrar of Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","isPartOf":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/#website"},"datePublished":"2026-04-14T20:50:20+00:00","breadcrumb":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/#breadcrumb"},"inLanguage":"zh-Hans","potentialAction":[{"@type":"ReadAction","target":["https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/paulo-miguel-v-the-registrar-of-approved-driving-instructors\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/kohenavocats.com\/zh-hans\/"},{"@type":"ListItem","position":2,"name":"Jurisprudences","item":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/"},{"@type":"ListItem","position":3,"name":"Paulo Miguel v The Registrar of Approved Driving Instructors"}]},{"@type":"WebSite","@id":"https:\/\/kohenavocats.com\/zh-hans\/#website","url":"https:\/\/kohenavocats.com\/zh-hans\/","name":"Kohen Avocats","description":"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.","publisher":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/kohenavocats.com\/zh-hans\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"zh-Hans"},{"@type":"Organization","@id":"https:\/\/kohenavocats.com\/zh-hans\/#organization","name":"Kohen Avocats","url":"https:\/\/kohenavocats.com\/zh-hans\/","logo":{"@type":"ImageObject","inLanguage":"zh-Hans","@id":"https:\/\/kohenavocats.com\/zh-hans\/#\/schema\/logo\/image\/","url":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","contentUrl":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","width":2114,"height":1253,"caption":"Kohen Avocats"},"image":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/#\/schema\/logo\/image\/"}}]}},"jetpack_likes_enabled":false,"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_decision\/561729","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_decision"}],"about":[{"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/types\/kji_decision"}],"wp:attachment":[{"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/media?parent=561729"}],"wp:term":[{"taxonomy":"kji_country","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_country?post=561729"},{"taxonomy":"kji_court","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_court?post=561729"},{"taxonomy":"kji_chamber","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_chamber?post=561729"},{"taxonomy":"kji_year","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_year?post=561729"},{"taxonomy":"kji_subject","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_subject?post=561729"},{"taxonomy":"kji_keyword","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_keyword?post=561729"},{"taxonomy":"kji_language","embeddable":true,"href":"https:\/\/kohenavocats.com\/zh-hans\/wp-json\/wp\/v2\/kji_language?post=561729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}