Pamela Asquith v Registrar of Approved Driving Instructors
[2024] UKFTT 825 (GRC)
Abirami Balasunthram v Registrar of Approved Driving Instructors
15 May 2024
[2024] UKFTT 383 (GRC)
First-tier Tribunal
A driving instructor trainee failed her driving test multiple times and didn't complete her training on time. She applied for a second chance but was refused because she hadn't shown enough progress. The judge agreed that she hadn't done enough to deserve another chance.
Key Facts
- •Abirami Balasuntharam appealed the Registrar of Approved Driving Instructors' refusal to grant her a second trainee driving instructor licence.
- •The initial licence was granted under s.129 of the Road Traffic Act 1988 for six months to gain practical experience.
- •She failed to pass the instructional ability and fitness test within the six-month period.
- •She applied for a second licence before the first expired, allowing continued instruction under s.129(6).
- •The Registrar refused the second licence citing failure to meet training objectives, numerous cancellations and failures of the Part III test, and non-compliance with licence conditions.
- •The Appellant cited health and family circumstances as contributing factors.
- •The Appellant failed to complete the required 20 hours of supplementary training within three months, as per Regulation 15(3) of the Motor Cars (Driving Instruction) Regulations 2005.
Legal Principles
The purpose of trainee driving instructor licences is to provide an opportunity for instruction while working towards qualification, not an alternative to registration.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
A trainee licence allows up to six months’ experience, not indefinite instruction.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
A second trainee licence may not be granted if the instructional ability and fitness test has been failed more than twice.
Motor Cars (Driving Instruction) Regulations 2005, reg.13(2)(d)
Failure to comply with licence conditions, including completing required training within specified timeframes, is a valid reason for refusal.
Motor Cars (Driving Instruction) Regulations 2005, reg. 15(3)
Outcomes
The appeal was dismissed.
The Appellant failed to meet the requirements for a second trainee licence due to insufficient progress towards qualification, non-compliance with training requirements, and a poor test history.
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