Sanamdeep Singh v Registrar of Approved Driving Instructors
[2024] UKFTT 631 (GRC)
Gary Sharples v Registrar of Approved Driving Instructors
24 July 2024
[2024] UKFTT 627 (GRC)
First-tier Tribunal
A driving instructor failed his test to teach and wanted another license to help him pass. The judge said no because he'd already had enough time and a licence isn't needed to take the test again.
Key Facts
- •Gary Sharples appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee driving instructor licence.
- •Sharples had already held two trainee licences for a total of 12 months.
- •He had passed Part 2 (driving ability) but failed Part 3 (instructional ability) of the ADI qualifying examination.
- •The refusal was based on the argument that trainee licences are intended to provide practical experience, not to indefinitely extend the time to pass the Part 3 test.
- •Sharples argued that difficulty rescheduling his Part 3 test and childcare responsibilities justified a third licence.
Legal Principles
The purpose of a trainee driving instructor licence is to allow applicants to gain practical experience in giving driving instruction for payment, in preparation for the instructional ability test (Part 3).
Road Traffic Act 1988, s. 129; Motor Cars (Driving Instruction) Regulations 2005
Holding a trainee licence is not a prerequisite for taking the Part 3 test.
Road Traffic Act 1988, s. 129
The Tribunal determines the appeal based on the evidence and stands in the shoes of the Respondent, giving appropriate weight to the Respondent's decision.
Road Traffic Act 1988, s. 131
Outcomes
The appeal was dismissed.
The Tribunal found that 12 months with two trainee licences provided adequate time for preparation for the Part 3 test. A trainee licence is not intended to be renewed repeatedly until Part 3 is passed. The Respondent's decision was not found to be wrong.
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