Asim Mujeeb v Registrar of Approved Driving Instructors
[2024] UKFTT 1025 (GRC)
Khizar Azam v Registrar of Approved Driving Instructors
28 October 2024
[2024] UKFTT 917 (GRC)
First-tier Tribunal
A driving instructor trainee appealed the refusal of a second licence. He said he was sick, but didn't have proof. He also hadn't finished all his training. The judge said he already had enough chances and could still become an instructor, so the appeal was rejected.
Key Facts
- •Khizar Azam appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee driving instructor licence.
- •Azam had two previous six-month licences.
- •He cited health issues (chest infection and pneumonia) as hindering his training.
- •He failed to complete all training objectives on his ADI 21AT form.
- •He submitted retrospective evidence of completed training after the decision was made.
- •The appeal was heard on 08 October 2024, with the decision given on 28 October 2024.
Legal Principles
Section 123(1) of the Road Traffic Act 1988 prohibits paid driving instruction unless the instructor is registered or holds a current licence under Section 129(1).
Road Traffic Act 1988
The purpose of trainee licences is to allow practical experience in driving instruction to prepare for the ADI qualifying examination (Sections 125(3)(a), 129, and Regulation 3 of the Motor Cars (Driving Instruction) Regulations 2005).
Road Traffic Act 1988; Motor Cars (Driving Instruction) Regulations 2005
The tribunal must consider the spirit of the law, the circumstances, and proportionality.
Section 131 of the Road Traffic Act 1988
The appellant must show on the balance of probabilities that the respondent's decision was wrong.
Implicit in the appeal process
Regulation 15, Chapter 6 of the Motor Cars (Driving Instruction) Regulations 2005 outlines supplementary training requirements.
Motor Cars (Driving Instruction) Regulations 2005
Outcomes
The appeal was dismissed.
Azam failed to comply with the supplementary training requirements (incomplete ADI 21AT form); his health-related representations lacked sufficient supporting evidence; he had already benefited from 11 months of trainee licences; and the refusal didn't permanently bar him from becoming an ADI.
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