Jaswant Dhillon v The Registrar of Approved Driving Instructors
[2024] UKFTT 457 (GRC)
Anu Modgill v Registrar of Approved Driving Instructors
6 November 2024
[2024] UKFTT 991 (GRC)
First-tier Tribunal
A driving instructor failed her driving instructor test three times and was removed from the register. She appealed, claiming the examiner was unfair. The judge said they couldn't deal with that complaint, only whether removing her from the register was right. Since she failed three times, the judge upheld the removal.
Key Facts
- •ANU Modgill's name was removed from the ADI Register after failing three consecutive standards check tests.
- •Modgill appealed the decision, claiming the examiner on the third test did not follow procedure.
- •Modgill failed to attend the appeal hearing.
- •Modgill's appeal was based on alleged examiner misconduct, not the decision to remove her from the register.
- •The appeal was heard on the papers in the absence of both parties.
Legal Principles
Removal from the ADI Register is discretionary under s.128(1) of the Road Traffic Act 1988.
Road Traffic Act 1988, s.128(1)
Appeals against the conduct of a check test lie to a Magistrates' Court, not the Tribunal (s.133(1) of the Road Traffic Act 1988).
Road Traffic Act 1988, s.133(1)
The Tribunal has jurisdiction to decide whether the Respondent's decision to remove the Appellant's name from the ADI Register was correct.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Tribunal) Rules 2009
Maintaining public confidence in the ADI Register is paramount, requiring periodic testing of instructors' competency.
Road Traffic Act 1988, s.125(5)
Outcomes
Appeal dismissed.
The Respondent's decision to remove Modgill's name from the ADI Register was correct as a matter of fact, given her three consecutive failures of the standards check test. The Tribunal lacked jurisdiction to consider her complaint about examiner conduct.
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