Rajeev Chadha v Registrar of Approved Driving Instructors
[2024] UKFTT 851 (GRC)
Khairul Islam v Registrar Of Approved Driving Instructors
24 September 2024
[2024] UKFTT 849 (GRC)
First-tier Tribunal
A driving instructor failed his test multiple times and asked for a third try with a trainee license. The government said no, because he already had two chances. The court agreed that he'd had enough time and refused his request for another license.
Key Facts
- •The Appellant, MD Khairul Islam, appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee driving instructor licence.
- •The Appellant had previously held two trainee licences for a total of 12 months.
- •The Respondent's refusal was based on the Appellant having had sufficient time to pass his Part 3 test, and that the trainee licence system is not intended to be used indefinitely.
- •The Appellant cited various reasons for needing a further licence, including family responsibilities, medical issues, and difficulty scheduling Part 3 tests.
- •The Appellant had cancelled several Part 3 test appointments.
- •The Appellant argued that without a trainee licence, he would have to pay vehicle insurance without income from driving tuition.
Legal Principles
The Tribunal can make any order it deems fit, considering the decision afresh on the available evidence and giving appropriate weight to the Respondent's reasons.
Section 131 of the Road Traffic Act 1988
An appeal to the Tribunal is a rehearing; the Tribunal makes a fresh decision based on the evidence before it, giving appropriate weight to the Respondent's reasons.
Case Law Precedent (Implicit)
Outcomes
The appeal is dismissed.
The Tribunal found that the Appellant had been given sufficient time under his previous trainee licences to pass his Part 3 test. The Appellant's additional reasons for needing a third licence were not considered sufficient to overturn the Respondent's decision.
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