Adnan Malik v Registrar of Approved Driving Instructors
[2024] UKFTT 575 (GRC)
Asim Mujeeb v Registrar of Approved Driving Instructors
14 November 2024
[2024] UKFTT 1025 (GRC)
First-tier Tribunal
A driving instructor applicant failed to complete his training and didn't return his licence when he couldn't use it. He appealed the refusal of a second licence, but the judge sided with the driving instructor's licensing body because the licence wasn't necessary to become an instructor. His appeal was dismissed.
Key Facts
- •Asim Mujeeb appealed the Registrar of Approved Driving Instructors' (ADI) refusal of his application for a second trainee licence.
- •Mujeeb had not complied with his first licence's conditions by failing to submit the mandatory ADI 21AT training record form.
- •Mujeeb cited family circumstances (wife's difficult pregnancy, child's medical issues) as reasons for not completing training.
- •Mujeeb had failed the instructional ability test once and had not booked a second attempt.
- •Mujeeb's first licence was valid from 25 September 2024 to 24 March 2024.
- •The appeal was decided on the papers without a hearing.
Legal Principles
The purpose of trainee licences is to allow applicants to gain practical experience to prepare for the ADI examination, not to provide unlimited instruction time.
Road Traffic Act 1998, Section 129; Motor Cars (Driving Instruction) Regulations 2005, Regulation 3
A trainee licence is not a prerequisite for qualifying as an ADI or for sitting the examination.
Road Traffic Act 1998, Section 131; Motor Cars (Driving Instruction) Regulations 2005
The appellant bears the burden of proving the respondent's decision was wrong.
Implicit in the appeal process
Outcomes
Appeal dismissed.
The appellant failed to comply with the conditions of his first licence and did not provide sufficient evidence to justify his inability to complete the required training. Alternatives to a trainee licence exist for gaining necessary experience.
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