Assam Sohel Qasim v Registrar of Approved Driving Instructors
[2024] UKFTT 467 (GRC)
Ahmed Fahmi v The Registrar, DVSA
24 October 2024
[2024] UKFTT 937 (GRC)
First-tier Tribunal
A former driving instructor wanted another temporary license to teach but couldn't pass the final test in time. The court said no, because the rules aim for good driving instructors and he hadn't proven himself competent after many tries. Even though it was costly and hard to book tests, it was too long.
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.
Similar Cases
Irfan Raza v The Registrar, DVSA
[2024] UKFTT 938 (GRC)
Kate Rowlands v Registrar for Approved Driving Instructors
[2024] UKFTT 559 (GRC)
Mohammed Nawaz v Driver and Vehicle Standards Agency
[2024] UKFTT 859 (GRC)
Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)