A driving instructor failed to complete paperwork for her first training license and took too long to pass her driving test. She tried to get a second license, but the appeal was denied because she didn't fix her mistakes and the first license already gave her enough time to pass.
Key Facts
- •Alexandra Faith Hughes appealed the Registrar of Approved Driving Instructors' refusal of her application for a second trainee driving instructor licence.
- •The refusal was based on her non-compliance with her first trainee licence's conditions (failure to provide a training record in Form AD1 21S) and exceeding the reasonable timeframe for passing the Part 3 test.
- •The appellant argued the need for a second licence due to the Part 3 test waiting time and her commitments as a full-time mother.
- •The appellant's appeal did not address the respondent's reason for refusal (non-compliance with the first licence).
Legal Principles
The Tribunal determines the appeal by re-hearing, making a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988, s.131
The burden of proof rests with the appellant to show the Respondent's decision was wrong.
Road Traffic Act 1988, s.131 (implied)
Outcomes
Appeal dismissed.
The appellant failed to address the Respondent's reason for refusal (non-compliance with the first licence conditions) and the Respondent's decision was based on the appellant having had adequate time to pass the Part 3 test under her first licence.