Key Facts
- •Ahmed Fahmi appealed the DVSA's refusal to grant him a third trainee driving instructor licence.
- •Fahmi was previously a registered ADI (November 2016 - March 2021).
- •His second licence expired on March 5, 2024, and his application for a third was refused on April 9, 2024.
- •The refusal was due to his inability to pass the ADI Part 3 test within a reasonable timeframe (18 months).
- •Fahmi cited a shortage of available test slots and significant financial burdens associated with training.
- •He cancelled one test due to family reasons and failed two others.
Legal Principles
To teach driving for remuneration, one must be on the Register of Approved Driving Instructors or hold a current Section 129(1) licence.
The Act (unspecified)
Section 129(1) licences are issued for six months, aiming to allow sufficient time for trainees to gain skills and pass the examination.
The Act (unspecified)
The regulatory framework aims to ensure new drivers are well-taught by competent instructors.
Statutory framework
An inability to demonstrate competence within 18 months suggests significant structural deficiencies in the regulatory framework.
Tribunal's interpretation
Outcomes
The appeal was dismissed.
The tribunal found no grounds to grant a third licence after 18 months without demonstrating competence. The appellant's financial difficulties and test scheduling issues, while acknowledged, did not outweigh the need for competent instructors.