Mumtaz Hussain v The Registrar Of Approved Driving Instructors
[2024] UKFTT 799 (GRC)
Monsor Alam v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 437 (GRC)
First-tier Tribunal
A driving instructor failed to pass his final exam on time and asked for more time due to personal issues. Even though the judge felt sorry for him, they said he'd already had plenty of time and dismissed his appeal.
Key Facts
- •Monsor Alam appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •The refusal was based on Alam's failure to pass Part 3 of the ADI qualifying examination within the relevant timeframe and insufficient evidence of lost training time.
- •Alam cited his wife's difficult pregnancy, subsequent birth complications, car issues, and Covid-related test booking difficulties as reasons for delays.
- •The appeal was heard on the papers due to Alam's non-attendance.
- •Alam had already held a trainee licence for approximately two years.
Legal Principles
The grant of a trainee licence is governed by s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005, enabling applicants to gain practical experience before qualification.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
The ADI qualifying examination consists of three parts, with a two-year time limit for completion after passing Part 1.
Road Traffic Act 1988 and regulations
The Tribunal acts in the Registrar's stead, making a fresh decision based on the available evidence, while giving appropriate weight to the Registrar’s original decision.
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
The burden of proof to show the Registrar's decision was wrong lies with the Appellant.
Implied from the Tribunal's role
Outcomes
The appeal was dismissed.
While acknowledging Alam's difficulties, the Tribunal found that he had had ample time (approximately two years) to pass Part 3 of the examination, exceeding the typical six-month period for trainee instructors.
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