Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Dane Bentley v Registrar of Approved Driving Instructors
27 August 2024
[2024] UKFTT 763 (GRC)
First-tier Tribunal
A driving instructor failed his test twice despite having two years to prepare. He asked for more time, but the judge said he'd already had enough chances and refused his request.
Key Facts
- •Dane Bentley appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee driving instructor licence.
- •He had already been granted two 12-month trainee licences.
- •He failed his Part 3 driving instructor test twice.
- •He cited difficulties in scheduling his test and the invalidation of his motor insurance as reasons for needing a third licence.
- •The Respondent argued that two 12-month licences provided ample time to prepare for the test and that the trainee licence system shouldn't be used to circumvent full ADI registration.
Legal Principles
The Tribunal's powers in determining the appeal are set out in s.131 of the Road Traffic Act 1988.
Road Traffic Act 1988, s.131
Appeals to the Tribunal are re-hearings; the Tribunal makes a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons.
UKFTT case law (implied)
The burden of proof rests on the Appellant to show the Respondent's decision was wrong.
UKFTT case law (implied)
Outcomes
The appeal was dismissed.
The Tribunal found that the Appellant had been given adequate time (two 12-month trainee licences) to prepare for and pass his Part 3 test. The Tribunal also considered that the Appellant's other arguments, such as insurance and pupil scheduling, were not sufficient grounds to overturn the Respondent's decision.
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