Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Chung Hong Wong v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 438 (GRC)
First-tier Tribunal
A driving instructor trainee failed his final test twice and was refused a third try. He appealed, saying it would harm his family, but the judge said he'd had enough time and dismissed the appeal.
Key Facts
- •Chung Hong Wong appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •The Registrar refused the licence because Wong hadn't passed Part 3 of the ADI qualifying examination within the allotted time and hadn't provided sufficient evidence of reasons for delays.
- •Wong argued that refusing a third licence would be unfair to his students and impact his family's livelihood.
- •The appeal was determined on the papers with both parties' agreement.
- •Wong had failed Part 3 twice and had been licensed from December 5, 2022.
Legal Principles
The grant of a trainee licence is governed by 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 ADI qualifying examination consists of Parts 1, 2, and 3; three attempts are allowed per part, with a 2-year completion timeframe.
Case law and statutory regulations (implied)
The Tribunal acts as the Registrar, making a fresh decision and giving weight to the Registrar's decision, with the burden of proof on the appellant.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31 and Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
While unusual circumstances may justify extending the training period, the appellant must provide sufficient justification.
Tribunal's interpretation of Parliamentary intent
Outcomes
The appeal was dismissed.
The appellant had sufficient time to pass the examination and failed to provide adequate justification for an extension.
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