Jaswant Dhillon v The Registrar of Approved Driving Instructors
[2024] UKFTT 457 (GRC)
Anthony Powell v Registrar for Approved Driving Instructors
28 June 2024
[2024] UKFTT 558 (GRC)
First-tier Tribunal
A driving instructor failed three tests to keep his license. He appealed, saying he tried to improve but didn't have enough time. The judge agreed he deserved another chance, even though failing three tests usually means losing your license. The judge thought it was fair to give him another opportunity to pass the test.
Key Facts
- •Anthony Powell (Appellant) appealed a decision by the Registrar for Approved Driving Instructors (Respondent) to remove him from the Register.
- •The removal was due to failing three consecutive 'continued ability and fitness to give instruction' check tests.
- •The tests were taken on 21 January 2020, 8 March 2023, and 12 September 2023.
- •The Appellant cited anxiety, the choice of examiner, and the impact on his students and finances as reasons for appeal.
- •The Appellant undertook Ordit training after his second failed test.
Legal Principles
Driving instruction for payment is prohibited unless the instructor is on the Register of Approved Driving Instructors or holds a current licence.
Road Traffic Act 1998, Section 123(1)
Approved Driving Instructors must submit to check tests if required by the Registrar.
Road Traffic Act 1998, Section 125(5)
The Registrar may remove an Approved Driving Instructor from the Register for failing to attend or failing a check test.
Road Traffic Act 1998, Section 128(2)(c) or (d)
Appeals against check test conduct go to the Magistrates' Court; appeals against removal from the Register go to the Tribunal.
Case Law
The Tribunal acts in place of the Registrar, making a fresh decision while considering the Registrar's decision.
Case Law
Outcomes
The appeal was allowed; the Registrar's decision was revoked.
The Tribunal considered the Appellant's efforts to improve after the second test, insufficient time to remedy deficiencies, the stress of exams on the Appellant, and the importance of his qualification.
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