Khairul Islam v Registrar Of Approved Driving Instructors
[2024] UKFTT 849 (GRC)
Gurjinder Singh v Registrar of Approved Driving Instructors
4 July 2024
[2024] UKFTT 576 (GRC)
First-tier Tribunal
A driving instructor trainee failed his test multiple times and wanted a third licence to practice more. The judge said no, because he'd already had plenty of time (two full licenses worth) to prepare and pass. There are other ways to study for the test that don't involve a license.
Key Facts
- •Gurjinder Singh (Appellant) appealed the Registrar of Approved Driving Instructors' (Respondent) refusal of his application for a third trainee driving instructor licence.
- •The Appellant had already held two trainee licences for a total of 12 months.
- •The Appellant cited family bereavements and difficulty booking part three driving instructor tests as reasons for needing a third licence.
- •The Respondent refused the application, citing that the trainee licence system is not intended to be an alternative to registration as a fully qualified ADI and that the Appellant had ample time to pass the examination.
- •The Appellant had cancelled two part three tests himself and failed two previous attempts.
Legal Principles
The purpose of a trainee driving instructor licence is to provide practical experience to prepare for the ADI qualifying examination, not to extend the time to pass indefinitely.
Road Traffic Act 1988, Section 129; Motor Cars (Driving Instruction) Regulations 2005
The tribunal must determine if the Respondent's decision was wrong on the balance of probabilities.
Road Traffic Act 1988, Section 131
Outcomes
The appeal was dismissed.
The Tribunal found that the Respondent's decision was justified. The Appellant had already had ample opportunity (two 6-month licenses) to gain the necessary experience and pass the exam. The inability to book tests, while unfortunate, did not outweigh the overall circumstances. The Appellant had cancelled tests himself and there were alternative methods to gain experience without a further licence.
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