Caselaw Digest
Caselaw Digest

Assam Sohel Qasim v Registrar of Approved Driving Instructors

23 May 2024
[2024] UKFTT 467 (GRC)
First-tier Tribunal
A man wanted a third try at getting a temporary license to teach driving. He said he had problems, but the judge said no, because he'd already gotten extra time through the appeal and the temporary license isn't meant to be used to avoid the driving test.

Key Facts

  • Mr. Qasim passed parts one and two of the ADI examination in August and November 2022.
  • He was granted two consecutive trainee licences (December 2022 - December 2023).
  • He applied for a third trainee licence in December 2023, which was refused.
  • He booked and failed part three tests on multiple occasions.
  • He cited personal difficulties (wife's health issues, financial constraints) as reasons for needing a third licence.
  • The appeal was decided without a hearing.

Legal Principles

Paid driving instruction is prohibited unless the instructor is on the Register of Approved Driving Instructors (ADI) or holds a trainee licence.

Road Traffic Act 1988, s123(1)

Candidates must pass a three-part examination to become an ADI. Failing part three three times requires retaking the whole examination.

Road Traffic Act 1988, s125(3)(a); Motor Cars (Driving Instruction) Regulations 2005, reg 3(4)(c) and (d)

Trainee licences are for gaining practical experience before taking part three of the ADI examination and are valid for six months. The Registrar can refuse further trainee licences.

Road Traffic Act 1988, s129

An appeal lies to the First-tier Tribunal against a refusal to grant a licence. The Tribunal can grant or refuse the application.

Road Traffic Act 1988, s131

The Tribunal makes its own decision on the evidence; the appellant must persuade the Tribunal to overturn the decision; the Tribunal considers the reasons for the original decision.

In the matter of the Bonas Group Pension Scheme [2011] UKUT B 33 (TCC); R v Westminster Magistrates Court ex p Hope & Glory Public House Ltd [2011] EWCA Civ 31

Outcomes

Appeal dismissed.

The Tribunal found no good reason to grant a third trainee licence. The appeal had already secured an extension of the licence, and granting another would serve little purpose given its limited timeframe and the fact that the applicant could already take the part three test.

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