Khairul Islam v Registrar Of Approved Driving Instructors
[2024] UKFTT 849 (GRC)
Malcolm Clare v Registrar Of Approved Driving Instructors
24 September 2024
[2024] UKFTT 838 (GRC)
First-tier Tribunal
A driving instructor failed his test multiple times despite having two previous chances to prepare. He appealed when his application for another chance was refused. The judge agreed with the driving instructor regulator, saying he'd already had enough time to practice and pass the test.
Key Facts
- •Malcolm Clare appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee driving instructor licence.
- •He had previously held two trainee licences (totaling over 20 months) and failed his Part 3 test twice.
- •The Registrar's refusal was based on the grounds that Clare had been given adequate time to pass the test and that trainee licences are not intended to be used indefinitely.
- •Clare argued that he faced difficulties in obtaining Part 3 test appointments and that the Respondent had cancelled several of his appointments.
- •Clare also disputed the validity of his failed Part 3 tests, a matter the Tribunal determined was for the Magistrates' Court.
- •The Appellant had cancelled a Part 3 test appointment on 20 August 2023.
Legal Principles
The Tribunal's powers in determining the appeal are set out in s.131 of the Road Traffic Act 1988. The Tribunal may make such order as it thinks fit, standing in the shoes of the Respondent, considering the decision afresh on the evidence available to it, giving appropriate weight to the Respondent’s reasons for their decision. The burden of proof in satisfying the Tribunal that the Respondent’s decision was wrong rests with the Appellant.
Road Traffic Act 1988, s.131
An appeal to the Tribunal proceeds as an appeal by way of re-hearing; the Tribunal makes a fresh decision on the evidence before it, giving appropriate weight to the Respondent’s reasons for its decision.
Case Law Precedent (implied)
Outcomes
The appeal was dismissed.
The Tribunal found that the Appellant had been given more than adequate time under the two previous trainee licences to gain sufficient experience to pass his Part 3 test. The Appellant's arguments did not address the Respondent's reasons for the refusal, and the Tribunal found the Appellant's claim of needing further time to be misconceived.
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