Muhammad Ali Noor v Registrar of Driving Instructors
[2024] UKFTT 824 (GRC)
Muhammad Jalal v Registrar of Approved Driving Instructors
27 August 2024
[2024] UKFTT 759 (GRC)
First-tier Tribunal
A driving instructor trainee failed to get a third licence. He didn't show up to court, and the judge agreed with the driving instructors' organization decision, saying he'd already had enough time to prepare and didn't need a third license to take the test.
Key Facts
- •Muhammad Jalal appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •Jalal failed to appear at the remote hearing.
- •Jalal had already held two trainee licences for a total of 12 months.
- •He had failed the Part 3 driving instructor test twice and cancelled three appointments.
- •A trainee licence is not required to take the Part 3 test.
- •Jalal's second licence remained valid until the appeal's determination.
Legal Principles
The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.
Section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005
Holding a trainee licence is not a prerequisite to qualifying as an ADI.
Case Law and statutory interpretation
The Tribunal stands in the shoes of the Respondent and makes a fresh decision, giving appropriate weight to the Respondent’s decision.
Section 131 of the Road Traffic Act 1988
Outcomes
Appeal dismissed.
The appellant failed to appear at the hearing and did not provide sufficient reason to overturn the respondent's decision. The appellant had already been granted two trainee licences and the respondent's decision was deemed reasonable given his failure to pass the necessary tests and the purpose of trainee licenses.
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