Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Michael Allsop v The Registrar of Approved Driving Instructors
9 September 2024
[2024] UKFTT 770 (GRC)
First-tier Tribunal
A driving instructor trainee failed his test and wanted a second chance at a training license. He said it was hard to book a test, but the judge said he didn't show why he couldn't train more, so his appeal was denied.
Key Facts
- •Michael Allsop appealed the Registrar of Approved Driving Instructors' refusal to grant him a second trainee licence.
- •Allsop had been granted a six-month trainee licence under s.129 of the Road Traffic Act 1988 but failed to pass the final part of the ADI qualifying examination within that period.
- •The Registrar's refusal was based on Allsop's failure to pass the examination and insufficient evidence of loss of training time.
- •Allsop argued a shortage of test slots prevented timely completion of the examination.
- •Allsop failed to attend the appeal hearing.
- •The Tribunal considered the appeal based on the submitted evidence.
Legal Principles
Grant of a trainee licence under s.129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005 to allow practical experience in driving instruction.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
Requirements for ADI qualification, including passing Parts 1, 2, and 3 of the qualifying examination within two years of passing Part 1.
Road Traffic Act 1988 and Regulations
The Tribunal's powers in determining the appeal are set out in s.131 of the Act. The Tribunal may make such order as it thinks fit.
Road Traffic Act 1988, s. 131
The Tribunal acts in the place of the Registrar, making a fresh decision based on the available evidence; the burden of proof lies with the appellant.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31; Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The Tribunal found that Allsop provided no evidence of being unable to train despite the claimed shortage of test slots; the licence had served its purpose of allowing training. A further extension wasn't justified.
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