Nicole Andrea Haggart v The Registrar of Approved Driving Instructors
[2024] UKFTT 439 (GRC)
Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
6 November 2024
[2024] UKFTT 989 (GRC)
First-tier Tribunal
A trainee driving instructor failed to pass his test on time and asked for more time. The court said no because he already had plenty of time and didn't give a good reason why he needed more.
Key Facts
- •The Appellant, a trainee driving instructor, was refused a third trainee licence by the Registrar of Approved Driving Instructors.
- •The refusal was based on the Appellant's failure to pass Part 3 of the ADI qualifying examination within the given timeframe and insufficient evidence of loss of training time.
- •The Appellant appealed the Registrar's decision.
- •The Appellant had been licensed for 19 months at the time of the appeal.
- •The Appellant had one previous failed attempt at Part 3 and a further attempt was scheduled.
Legal Principles
Grant of trainee licences under s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts in the place of the Registrar, making a fresh decision based on the evidence, giving appropriate weight to the Registrar's decision.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31; Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
The burden of proof to show the Registrar's decision was wrong rests with the Appellant.
Case law precedent (implied)
Outcomes
The appeal was dismissed.
The Appellant had sufficient time to pass the examination, provided no justification for a further licence, and had already held a licence for a period exceeding the requested third licence.
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