Muhammad Ashfaq v Registrar of Approved Driving Instructors

Facts

The appellant, Mr Ashfaq, was an approved driving instructor whose driving school was named in memory of his daughter. On 21 July 2025 he committed offence CU80, breach of requirements as to control of a vehicle, which includes mobile phone use. He accepted a fixed penalty, and his licence was endorsed with six penalty points. He told the Driver and Vehicle Standards Agency (DVSA) of the penalty on 19 November 2025. The respondent Registrar of Approved Driving Instructors decided on 5 January 2026 to remove his name from the Register under section 128(2)(e) of the Road Traffic Act 1988, on the ground that he had ceased to be a fit and proper person. The Registrar also noted a contradiction between the appellant's first explanation, use of the phone in an emergency, and the later account given through his lawyers, that he picked up the phone to review the screen. The appellant appealed to the First-tier Tribunal (General Regulatory Chamber). He argued that removal was disproportionate, relying on a 30-year unblemished driving record, his self-reporting, and his offer to accept a warning or monitored supervision. The Registrar's representative said that six points did not make removal inevitable. The appeal was heard by Cloud Video Platform on 1 September 2026, and the appellant appeared in person.