Khairul Islam v Registrar Of Approved Driving Instructors
[2024] UKFTT 849 (GRC)
Mohammed Nawaz v Driver and Vehicle Standards Agency
25 September 2024
[2024] UKFTT 859 (GRC)
First-tier Tribunal
A driving instructor trainee failed to pass his final test multiple times and asked for extra time. The government said no because he already had plenty of time. The judge agreed and said he needed to pass his test, not just keep getting more practice time.
Key Facts
- •Mohammed Nawaz applied for a third trainee driving instructor licence.
- •His previous two licences covered 12 months.
- •The DVSA refused his application.
- •Nawaz appealed, citing unavailability of Part 3 driving tests and ill health.
- •He failed his Part 3 test in June 2024 and did not rebook.
- •Nawaz did not attend the appeal hearing.
- •The Tribunal considered his history of cancellations and delays.
Legal Principles
Section 129 of the Road Traffic Act 1988 governs the grant of trainee driving instructor licences.
Road Traffic Act 1988
The purpose of a trainee licence is to provide practical experience, not to extend the time to pass the qualifying examination.
Road Traffic Act 1988 & Motor Cars (Driving Instruction) Regulations 2005
The Tribunal stands in the shoes of the Registrar and the appellant bears the burden of showing the Registrar's decision was wrong.
Road Traffic Act 1988, Section 131
Government guidance indicates that further trainee licences are unlikely to be granted simply to provide more time to pass the ADI Part 3 test.
Gov.uk website guidance
Outcomes
The appeal was dismissed.
The appellant failed to demonstrate a compelling reason for a third licence, given his prolonged delays in taking and passing the Part 3 test, repeated cancellations, and failure to attend the appeal hearing. The Tribunal found the DVSA's refusal reasonable.
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