Abirami Balasunthram v Registrar of Approved Driving Instructors
[2024] UKFTT 383 (GRC)
Abul Hussain v Registrar for Approved Driving Instructors
28 June 2024
[2024] UKFTT 560 (GRC)
First-tier Tribunal
A driving instructor failed his test multiple times and didn't finish his training on time. He asked for another chance to teach while studying, but the judge said no, because he already had enough time and the extra teaching licence wasn't meant for that.
Key Facts
- •Abul Hussain appealed the Registrar's refusal to grant him a second trainee driving instructor licence.
- •Hussain failed Part 1 of the Qualifying Examination, then passed Part 1 and Part 2.
- •He cancelled two Part 3 tests and failed his first attempt.
- •His first trainee licence was valid from June 5, 2023, to December 4, 2024.
- •He applied for a second licence on November 17, 2024.
- •The Registrar refused the second licence because Hussain failed to complete training objectives within the first three months of his first licence and had ample time to pass Part 3.
Legal Principles
Grant of a trainee licence enables instruction for payment before qualification, as per s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts in the Registrar's place, making a fresh decision while considering the Registrar's decision and the burden of proof rests with the appellant.
s.131 of the Road Traffic Act 1988
Outcomes
The appeal was dismissed.
The Tribunal found that Hussain had not complied with his first licence's conditions (incomplete training objectives), had ample time to pass Part 3, and that a trainee licence is not intended for repeated renewal until passing Part 3.
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