Scott Anderson v Registrar of Approved Driving Instructors
[2024] UKFTT 602 (GRC)
Daniel Constantinescu v Registrar of Approved Driving Instructors
2 September 2024
[2024] UKFTT 646 (GRC)
First-tier Tribunal
A driving instructor appealed because he wasn't given a third try at a special license. He didn't show up to court, and he hadn't given a good reason why he needed another license, so the judge decided against him. He already had plenty of time to pass his driving test.
Key Facts
- •The Appellant, a trainee driving instructor, appealed the Registrar's refusal to grant him a third trainee licence.
- •The Appellant failed to attend the hearing.
- •The Appellant had already held two trainee licences for a total of 12 months.
- •The Appellant cancelled his scheduled Part 3 test and requested a refund.
- •The Appellant argued the refusal was unfair due to time and money invested.
- •The Registrar argued the Appellant provided no evidence of lost training time or lack of pupils.
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 may make such order as it thinks fit (section 131(3) of the Act). The Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available.
Road Traffic Act 1988, section 131(3)
The Appellant bears the burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong.
Case Law
Tribunal Procedure (First-tier Tribunal) General Regulatory Chamber Rules 2009, Rule 36 allows proceedings in the absence of a party.
Tribunal Procedure (First-tier Tribunal) General Regulatory Chamber Rules 2009
Outcomes
Appeal dismissed.
The Appellant failed to attend the hearing, provided no justification for the refusal of a third trainee licence, and had already had ample time to prepare for the Part 3 test.
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