Assam Sohel Qasim v Registrar of Approved Driving Instructors
[2024] UKFTT 467 (GRC)
Liton Miah v Registrar of Approved Driving Instructors
21 May 2024
[2024] UKFTT 465 (GRC)
First-tier Tribunal
A driving instructor failed his driving instructor test a few times. He asked for more time to practice, but the judge said no because he'd already had plenty of time to practice.
Key Facts
- •Mr. Liton Miah passed parts one and two of the ADI examination in January and September 2022.
- •He was granted two trainee licences (January 2023 - January 2024).
- •He applied for a third trainee licence in December 2023, which was refused.
- •He took part three tests on multiple occasions, failing some.
- •Mr. Miah cited his mother's ill health in Bangladesh as the reason for delays.
- •His mother passed away on September 5, 2023.
Legal Principles
The Road Traffic Act 1988, s123(1) prohibits paid driving instruction without ADI registration or a trainee licence.
Road Traffic Act 1988, s123(1)
Trainee licences are for gaining practical experience before taking part three of the ADI examination and are valid for six months. The Registrar can refuse further licences (s129(3)).
Road Traffic Act 1988, s129(1), (3)
An appeal lies to the First-tier Tribunal against refusal of a licence, and the Tribunal can make its own decision on the evidence (In the matter of the Bonas Group Pension Scheme [2011] UKUT B 33 (TCC)).
Road Traffic Act 1988, s131(2), (3); In the matter of the Bonas Group Pension Scheme [2011] UKUT B 33 (TCC)
The burden is on the appellant to persuade the Tribunal to overturn the decision. The Tribunal should consider the reasons for the original decision (R v Westminster Magistrates Court ex p Hope & Glory Public House Ltd [2011] EWCA Civ 31).
R v Westminster Magistrates Court ex p Hope & Glory Public House Ltd [2011] EWCA Civ 31
Outcomes
Appeal dismissed.
The Tribunal accepted Mr. Miah's explanation for delays, but found no justification for a third licence. The second licence was extended through the appeal process, providing sufficient time. A further licence would offer no practical benefit.
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