Alexandra Faith Hughes v Registrar of Approved Driving Instructors
[2024] UKFTT 850 (GRC)
Gerald McPhail v Registrar of Approved Driving Instructors
13 September 2024
[2024] UKFTT 823 (GRC)
First-tier Tribunal
A driving instructor trainee failed to complete his training and was refused a second licence. He appealed, but the judge agreed with the refusal because the instructor hadn't done what he was supposed to.
Key Facts
- •Gerald Mcphail appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee driving instructor licence.
- •The refusal was based on Mcphail's failure to meet training obligations within the first three months of his first licence and a lack of evidence of completed training.
- •Mcphail had failed two Part 3 tests and had a final attempt scheduled.
- •Mcphail argued financial hardship and difficulty booking Part 3 tests.
- •The Respondent confirmed issuing more second trainee licences recently but that a third is unusual.
Legal Principles
The Tribunal may make such order as it thinks fit, standing in the shoes of the Respondent, considering the decision afresh on the evidence available to it, giving appropriate weight to the Respondent’s reasons.
Section 131 of the Road Traffic Act 1988
An appeal to the Tribunal proceeds as an appeal by way of re-hearing; the Tribunal makes a fresh decision on the evidence before it, giving appropriate weight to the Respondent’s reasons.
Unstated Statute/Common Law
Outcomes
Appeal dismissed.
The Appellant failed to meet his training obligations and the Tribunal found the Respondent's decision to be justified. The Appellant's arguments regarding financial hardship and difficulty booking tests were not sufficient to overturn the refusal.
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