Gary Sharples v Registrar of Approved Driving Instructors
[2024] UKFTT 627 (GRC)
Jayakody Chaminda Thumesh Perera v Registrar for Approved Driving Instructors
28 October 2024
[2024] UKFTT 920 (GRC)
First-tier Tribunal
A driving instructor failed his final exam twice despite having two practice licenses (that let him teach while still studying). He asked for a third one, but the judge said no. The judge agreed he'd already had more than enough time to learn and pass.
Key Facts
- •Appellant failed Part 3 of the driving instructor qualifying exam twice.
- •Appellant was refused a third trainee licence.
- •Appellant appealed the refusal.
- •Appellant had already held two trainee licences for a total of 12 months.
- •Appellant had been able to give driving instruction for over 17 months by the time of the hearing.
- •Appellant argued he needed more time to gain experience and earn a living.
Legal Principles
Grant of a trainee licence enables instruction for payment before qualification, as per s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, Motor Cars (Driving Instruction) Regulations 2005
The Tribunal determines appeals by taking a fresh decision, considering the Registrar's decision and the burden of proof resting on the Appellant.
s.131 of the Road Traffic Act 1988
The purpose of trainee licences is to provide reasonable experience, not to extend examination attempts indefinitely.
Registrar's response and Tribunal's decision
Outcomes
Appeal dismissed.
The Appellant had sufficient time to gain experience (over 17 months), and the trainee licence is not intended for continuous renewal until all exam attempts are exhausted.
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