Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Jeetendra Kerai v The Registrar of Approved Driving Instructors
19 June 2024
[2024] UKFTT 556 (GRC)
First-tier Tribunal
A trainee driving instructor failed to pass his final driving instructor exam in time. He asked for more time, claiming it was hard to book a test. The judge said he'd had enough time already and refused to give him more.
Key Facts
- •Jeetendra Kerai appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •The refusal was based on Kerai's failure to pass Part 3 of the ADI qualifying examination within the allotted time and insufficient evidence of loss of training time.
- •Kerai argued difficulty in booking a test slot.
- •The appeal was determined on the papers due to Kerai's non-attendance.
- •Kerai had held a trainee licence since November 2022.
Legal Principles
The grant of a trainee licence is for acquiring practical experience in driving instruction before qualifying as an Approved Driving Instructor (ADI).
Section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005
The ADI qualifying examination comprises Part 1 (written), Part 2 (driving ability), and Part 3 (instructional ability). The entire examination must be completed within 2 years of passing Part 1.
Case law and statutory interpretation
The Tribunal acts as the Registrar, making a fresh decision on the evidence and giving appropriate weight to the Registrar’s decision. The burden of proof rests on the appellant.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31 and Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The Tribunal found that Kerai had had sufficient time (approximately 20 months) to complete his training, and the difficulty in booking a test slot did not justify a further extension. Granting a third licence would not serve a purpose as the 2-year time limit for completing the examination was rapidly approaching.
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