Adnan Malik v Registrar of Approved Driving Instructors
[2024] UKFTT 575 (GRC)
Mujahid Altaf v Registrar of Approved Driving Instructors
25 October 2024
[2024] UKFTT 914 (GRC)
First-tier Tribunal
A driving instructor failed his test multiple times and asked for an extension on his training license. The judge said no, because he had other ways to practice and the license isn't meant to be used forever.
Key Facts
- •Mujahid Altaf appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee licence.
- •Altaf had a trainee licence from September 2023 to March 2024 but did not complete all training objectives.
- •He applied for a second licence due to family circumstances (his father's death) and subsequent difficulties.
- •Altaf had failed the instructional ability test once and cancelled another attempt.
- •The Registrar's decision was based on the purpose of trainee licences being to provide up to six months of experience, not an indefinite period.
- •Altaf had alternative ways to gain necessary skills, such as attending a training course or practicing with an ADI without paid instruction.
Legal Principles
The purpose of trainee driving instructor licences is to provide up to six months of practical experience, not to allow indefinite instruction.
Road Traffic Act 1988, Section 129 and Motor Cars (Driving Instruction) Regulations 2005, Regulation 3
Holding a trainee licence is not a prerequisite for taking the instructional ability test or qualifying as an ADI.
Road Traffic Act 1988, Section 131
The appellant must show on the balance of probabilities that the respondent's decision was wrong.
Section 131 of the Road Traffic Act 1988
Outcomes
The appeal was dismissed.
The Tribunal found that the Registrar's decision was not wrong in law. Altaf had not demonstrated that the refusal of a second licence was unreasonable, given the alternative methods available to him to gain the necessary skills to pass his examination, and the purpose of the trainee licence scheme.
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