Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Ashish Narayanrao Jadhav v Registrar of Approved Driving Instructors
23 September 2024
[2024] UKFTT 836 (GRC)
First-tier Tribunal
A driving instructor failed his test twice and applied for a third trainee license. The government said he had enough time already and refused. The instructor appealed but lost because he didn't convince the judge he needed more time, and the government's rules say people can't just keep getting trainee licenses instead of properly qualifying.
Key Facts
- •Ashish Narayanrao Jadhav appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee driving instructor licence.
- •He had previously been granted two 12-month trainee licences.
- •He failed his Part 3 test twice.
- •His appeal argued a strong work ethic, positive pupil feedback, and difficulty in obtaining timely Part 3 test appointments.
- •The Respondent's refusal was based on the Appellant having sufficient time to gain experience under the previous licences and the intention of Parliament to not allow trainee licences to become an alternative to full ADI registration.
Legal Principles
The Tribunal's power to determine the appeal is set out in s.131 of the Road Traffic Act 1988.
Road Traffic Act 1988, s.131
An appeal to the Tribunal is a rehearing; the Tribunal makes a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons.
Case law (implied)
The burden of proof that the Respondent's decision was wrong rests with the Appellant.
Case law (implied)
Outcomes
The appeal was dismissed.
The Tribunal found that the Appellant had been given adequate time under the two previous trainee licences to gain sufficient experience to pass his Part 3 test. The Appellant's grounds for appeal did not address the Respondent's reasons for refusal.
Similar Cases
Philip McDowall v The Registrar of Approved Driving Instructors
[2024] UKFTT 436 (GRC)
Dane Bentley v Registrar of Approved Driving Instructors
[2024] UKFTT 763 (GRC)
Khairul Islam v Registrar Of Approved Driving Instructors
[2024] UKFTT 849 (GRC)
Gurjinder Singh v Registrar of Approved Driving Instructors
[2024] UKFTT 576 (GRC)