Scott Anderson v Registrar of Approved Driving Instructors
[2024] UKFTT 602 (GRC)
Darren Warmington-Lowe v Registrar of Approved Driving Instructors
10 July 2024
[2024] UKFTT 607 (GRC)
First-tier Tribunal
A driving instructor wanted a third licence to practice before his final test. The judge said he'd had enough time already and didn't need the licence to take the test, so they refused his request.
Key Facts
- •Appellant applied for a third trainee driving instructor licence after two previous twelve-month licences.
- •The Registrar refused the application, citing insufficient evidence of needing more time to prepare for the Part 3 ADI exam.
- •Appellant argued delays in exam scheduling and trainer changes hampered his preparation.
- •Appellant stated that driving instruction is his sole income source.
- •The appeal hearing considered oral evidence and documentation.
Legal Principles
The circumstances for granting a trainee licence are defined in section 129 of the Road Traffic Act 1998 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1998, Motor Cars (Driving Instruction) Regulations 2005
A trainee licence aims to provide practical experience for the Part 3 ADI exam.
Road Traffic Act 1998, Motor Cars (Driving Instruction) Regulations 2005
The appellant bears the burden of proving the respondent's decision was incorrect.
Section 131 of the Road Traffic Act 1998
A trainee licence is not a prerequisite for taking the Part 3 test.
Case reasoning
Outcomes
Appeal dismissed.
The appellant had already had sufficient time (19 months) to prepare for the Part 3 test. The need to continue charging for lessons while awaiting the test did not justify a further licence. A trainee licence is not required to sit the Part 3 test.
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