Muhammad Ali Noor v Registrar of Driving Instructors

13 September 2024

[2024] UKFTT 824 (GRC)

First-tier Tribunal

A driving instructor trainee failed to get a third licence. He didn't show up to court to explain why he needed it. The judge said the licence is for practice, not extra time to pass a test, and he already had plenty of time to pass.

Key Facts

•Appellant (Muhammad Ali Noor) appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee driving instructor licence.
•Appellant failed to appear at the remote hearing.
•Appellant had already held two trainee licences for a total of 12 months.
•Appellant failed his Part 3 driving instructor test once and cancelled a second attempt.
•Appellant's application for a third licence was made before his second licence expired.
•Appellant did not provide grounds of appeal.

Legal Principles

The purpose of a trainee driving instructor licence is to provide practical experience in giving driving instruction with a view to undergoing the practical test (Part 3).

Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005

Holding a trainee licence is not a prerequisite for qualifying as an Approved Driving Instructor (ADI).

Case Law (Implied from Tribunal's decision)

The Tribunal stands in the shoes of the Respondent and makes a fresh decision, giving weight to the Respondent's decision.

Road Traffic Act 1988, s. 131 (Implied)

Outcomes

Appeal dismissed.

The Appellant failed to appear at the hearing, did not provide grounds of appeal, and had already been granted two trainee licences. The Tribunal found that a trainee licence is not intended to be a means of providing income indefinitely while an applicant attempts to pass their Part 3 test. The Appellant had sufficient time to prepare and pass the test without a third licence.

Muhammad Ali Noor v Registrar of Driving Instructors

Key Facts

Legal Principles

Outcomes

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