Andrew Rayson v The Registrar of Approved Driving Instructors
[2024] UKFTT 771 (GRC)
Jaswant Dhillon v The Registrar of Approved Driving Instructors
30 May 2024
[2024] UKFTT 457 (GRC)
First-tier Tribunal
A driving instructor failed his driving instructor test three times and was removed from the register. He appealed, saying he had problems with one test. The court decided the instructor didn't meet the required standard, so the appeal was dismissed. He's no longer allowed to teach driving.
Key Facts
- •Jaswant Dhillon appealed the Registrar of Approved Driving Instructors' decision to remove him from the register.
- •The removal was due to failing three consecutive "continued ability and fitness to give instruction" tests.
- •Dhillon attributed his last test failure to finding a last-minute pupil with a full license.
- •Dhillon claimed to be a good instructor with a strong reputation, particularly within the migrant community.
Legal Principles
An Approved Driving Instructor must submit to continued fitness and ability tests if required by the Registrar.
Road Traffic Act 1988, Section 125(5)
The Registrar may remove an ADI from the register for failing to attend or failing a continued fitness and ability test.
Road Traffic Act 1988, Section 128(2)(c) or (d)
Appeals regarding the conduct of a check test go to the Magistrates' Court, not the Tribunal.
Road Traffic Act 1988, Section 133
Appeals to the Tribunal against the Registrar's decision are re-hearings; the Tribunal acts as the Registrar and makes a fresh decision, giving appropriate weight to the Registrar's reasons.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31; Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The appellant failed to demonstrate the required teaching standard or learning from previous feedback; three test failures could not be overlooked.
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