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Adnan Malik v Registrar of Approved Driving Instructors

4 July 2024
[2024] UKFTT 575 (GRC)
First-tier Tribunal
A driving instructor trainee failed his test multiple times and didn't finish his training on time. He asked for another training license, but was denied. A judge ruled that he didn't need another license to practice and pass his test – he could train other ways, so the appeal was rejected.

Key Facts

  • Adnan Malik appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee licence.
  • Malik had failed to complete training objectives within the first three months of his first licence.
  • He had failed the instructional ability test twice and cancelled two further tests.
  • Malik argued that delays in test bookings and training costs hindered his progress.
  • The appeal was lodged out of time.

Legal Principles

The purpose of a trainee driving instructor licence is to provide practical experience to prepare for the ADI qualifying examination.

Section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005

The trainee licence system is not intended to allow instructors to teach indefinitely until passing the examination.

Respondent's decision and Tribunal's findings

Holding a trainee licence is not a prerequisite for sitting the ADI examination.

Tribunal's findings

Alternative methods exist to gain necessary skills and experience, such as training courses or practice with an ADI.

Tribunal's findings

Outcomes

Appeal dismissed.

The Respondent's decision to refuse the second trainee licence was justified. Malik failed to demonstrate that the lack of a second licence prevented him from gaining the necessary skills and experience to pass the examination, given alternative training options.

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