Rajeev Chadha v Registrar of Approved Driving Instructors
[2024] UKFTT 851 (GRC)
Hasham Ahmad v Registrar of Approved Driving Instructors
23 May 2024
[2024] UKFTT 417 (GRC)
First-tier Tribunal
A driving instructor trainee was denied a third licence to teach driving before fully qualifying. He said personal issues stopped him from finishing his training. The judge said he'd already had enough time and dismissed his appeal. The trainee licences aren't for endless attempts at passing the test.
Key Facts
- •Hasham Ahmad appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •Ahmad had previously been granted two six-month trainee licences.
- •Ahmad cited caring for his grandmother, working nights, moving house, and getting married as reasons for his inability to complete sufficient training.
- •The Registrar refused the third licence due to lack of evidence of lost training time, the twelve-month benefit of two previous licences, and the pre-planned nature of the cited events.
- •The appeal was determined through paper consideration.
Legal Principles
The grant of a trainee licence under section 129 of the Road Traffic Act 1988 allows applicants to provide driving instruction for payment before qualification.
Road Traffic Act 1988, section 129; Motor Cars (Driving Instruction) Regulations 2005
A trainee licence is granted to enable acquisition of practical experience in giving driving instruction, with the aim of undertaking the practical test of ability and fitness to instruct.
Road Traffic Act 1988, section 129(1)
The Tribunal determines appeals by taking a fresh decision on the available evidence, considering the Registrar's decision appropriately. The appellant bears the burden of proof.
Road Traffic Act 1988, section 131
Outcomes
The appeal was dismissed.
The appellant had already benefited from two twelve-month trainee licences, sufficient for preparation. The cited reasons for insufficient training were deemed either related to periods covered by previous licences, pre-planned events, or not adequately evidenced.
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