A driving instructor applicant was refused a second trainee licence. He appealed, showing he'd met all the requirements for the first licence. The authorities admitted they were wrong and gave him the licence.
Key Facts
- •Atta Ahmad appealed the Registrar of Approved Driving Instructors' refusal to grant him a second trainee licence.
- •The Registrar initially opposed the appeal but later withdrew opposition after reviewing evidence.
- •The Registrar's initial refusal was based on Ahmad's alleged non-compliance with his first licence's conditions.
- •Ahmad claimed he had fulfilled the training requirements and provided evidence, but it was not initially considered.
- •Ahmad experienced a car accident and foot issue, impacting his ability to prepare for the Part 3 exam.
Legal Principles
Grant of a trainee licence 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's power to make an order as it thinks fit under s. 131 of the Road Traffic Act 1988.
Road Traffic Act 1988, Section 131
The Tribunal stands in the shoes of the Registrar, making a fresh decision and giving weight to the Registrar's decision.
Case Law
Outcomes
Appeal allowed.
The Registrar's initial reason for refusal (non-compliance with licence conditions) was incorrect; the Appellant had complied and provided evidence. The Tribunal considered all evidence, including that not initially before the Registrar.