Saira Nisar v Registrar Of Approved Driving Instructors
[2024] UKFTT 940 (GRC)
Changhez Mohammed Akhtar v Registrar of Approved Driving Instructors
23 July 2024
[2024] UKFTT 625 (GRC)
First-tier Tribunal
A driving instructor applicant's request for a second temporary licence was denied. He said delays stopped him from finishing his training, but the judge didn't find enough proof to support his claims. The judge said the temporary licence wasn't meant to let people take forever to finish their training.
Key Facts
- •Changhez Mohammed Akhtar appealed the refusal of his application for a second trainee driving instructor licence.
- •His first licence ran from August 7, 2023, to February 6, 2024.
- •He applied for a second licence on January 19, 2024, which was refused.
- •The refusal cited non-compliance with the first licence's conditions and the belief that trainee licences shouldn't be used to circumvent the registration process.
- •Akhtar claimed delays due to car modifications, his instructor's absence, and unavailability of early Part 3 test dates.
- •The appeal was heard without a hearing, with both parties consenting.
Legal Principles
To qualify as an Approved Driving Instructor (ADI), applicants must pass a three-part qualifying examination within two years.
Road Traffic Act 1988 and Motor Cars (Driving Instruction) Regulations 2005
Trainee licences allow instruction for payment before qualification, with conditions outlined in section 129 of the Road Traffic Act 1988 and the Regulations.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
A trainee licence continues for six months or until the third Part 3 test failure; if a new application is made while the licence is current, it remains valid until the new licence starts or the appeal process ends.
Road Traffic Act 1988, s.129(6); Motor Cars (Driving Instruction) Regulations 2005, Paragraph 14 of Schedule 5
Appeals against ADI Registrar decisions are addressed under section 131 of the Road Traffic Act 1988.
Road Traffic Act 1988, s.131
The Tribunal acts in place of the ADI Registrar, making a fresh decision based on the evidence and the Registrar's decision, with the appellant bearing the burden of proof.
Case law precedent (implied)
Outcomes
The appeal was dismissed.
The appellant failed to provide sufficient evidence to justify the granting of a second trainee licence. The lack of documentary evidence supporting his claims of delays, coupled with his pursuit of only 'early' test dates rather than any available dates, indicated a lack of proactive effort to complete the qualification process. The purpose of the trainee licence is not to indefinitely extend the time to pass the test.
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