Caselaw Digest
Caselaw Digest

Irfan Raza v The Registrar, DVSA

29 October 2024
[2024] UKFTT 938 (GRC)
First-tier Tribunal
A driving instructor trainee failed to pass his test multiple times despite having a licence for 19 months. The court refused to extend it again as the rules say trainee licences only last six months. This highlights issues with the system of training driving instructors.

Key Facts

  • Irfan Raza appealed the DVSA Registrar's refusal to grant him a third trainee driving instructor licence.
  • Raza's second licence expired on 26 February 2024.
  • He applied for a third licence on 18 February 2024, which was refused on 12 March 2024.
  • Raza cited unavailability of Part 3 driving instructor tests in his area for a year as the reason for delay.
  • Raza took the Part 3 test on 25 April 2024 and failed, subsequently rescheduling for October.
  • Raza held a trainee licence for 19 months before the appeal.

Legal Principles

To teach driving for remuneration, one must be on the Register of Approved Driving Instructors or hold a current Section 129(1) licence.

Section 129(1) of the Act (unspecified)

Section 129(1) licences are issued for six months, intended to allow sufficient time to gain skills for the ADI examination.

Section 129(1) of the Act (unspecified)

Outcomes

Appeal dismissed.

The tribunal found no grounds to grant a third licence after 19 months, noting the lack of demonstrated competence and indicating potential structural deficiencies in the regulatory framework. The extended licence already granted provided more time than a new licence would have.

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