Gary Sharples v Registrar of Approved Driving Instructors
[2024] UKFTT 627 (GRC)
Matthew Houchard v Registrar of Approved Driving Instructors
23 July 2024
[2024] UKFTT 629 (GRC)
First-tier Tribunal
A driving instructor failed his final test twice and asked for another license to help him practice. The court said no, because he already had enough time to prepare, and the license isn't for repeated test attempts, but for practice. He can still take the test without it.
Key Facts
- •Matthew Houchard appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee driving instructor licence.
- •Houchard had previously held two 12-month trainee licences and had failed his Part 3 ADI exam twice.
- •The refusal was based on the purpose of trainee licences being to gain practical experience before the Part 3 test, not to repeatedly attempt the test.
- •Houchard argued that he needed the licence to take the Part 3 test and cited business and health difficulties.
- •The appeal was determined on the papers.
Legal Principles
The purpose of a trainee driving instructor licence is to provide practical experience in giving driving instruction before the Part 3 instructional ability test, not to repeatedly attempt the test.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
A trainee licence is not a prerequisite for taking the Part 3 test.
Case law precedent
The Tribunal acts as a fresh decision-maker on the evidence, giving appropriate weight to the Respondent's decision.
Road Traffic Act 1988, s. 131
Outcomes
Appeal dismissed.
The Tribunal found that Houchard had already had sufficient time to prepare for the Part 3 test with two previous trainee licences (totalling 12 months), and that a trainee licence is not required to take the test. The purpose of the licence is not to repeatedly attempt the test, but to gain practical experience.
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