A driving instructor failed his driving test twice despite having two trainee licences. He applied for a third but was refused. He appealed, arguing scheduling issues and mental health, but the judge sided with the driving instructors' governing body, saying he'd had enough chances and the trainee licence wasn't meant to be used to make money. The appeal was rejected.
Key Facts
- •Appellant (Bo Hung Jacky Fung) appealed the Registrar of Approved Driving Instructors' (Respondent) refusal of his application for a third trainee driving instructor licence.
- •Appellant had previously held two 12-month trainee licences and failed his Part 3 test twice.
- •The Respondent refused the third licence because the Appellant had already had more than adequate time to pass the test and appeared to be using the licence for income generation (contrary to its purpose).
- •Appellant argued he faced difficulties in scheduling Part 3 tests and that the cancellations affected his confidence and mental health.
- •Appellant initially sought a postponement of the appeal hearing due to a scheduled Part 3 test, but this request was refused.
Legal Principles
The Tribunal determines appeals by re-hearing, making a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988, s.131
The burden of proof rests on the Appellant to show the Respondent's decision was wrong.
Road Traffic Act 1988, s.131 (implied)
Outcomes
Appeal dismissed.
The Tribunal found the Respondent's decision was justified. The Appellant had been given ample time under previous licences and the purpose of a trainee licence is not income generation. The Appellant's other arguments did not address the Respondent's reasons for refusal.