Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Mumtaz Hussain v The Registrar Of Approved Driving Instructors
10 September 2024
[2024] UKFTT 799 (GRC)
First-tier Tribunal
A driving instructor trainee failed to pass his exam on time due to personal issues and car trouble. He appealed the refusal of a second licence. Even though the judge felt some sympathy, the trainee had more than enough time to complete the requirements and the appeal was rejected.
Key Facts
- •Mumtaz Hussain appealed the Registrar of Approved Driving Instructors' refusal to grant him a second trainee licence.
- •Hussain's initial six-month trainee licence expired, but the appeal allowed him to continue instructing.
- •The refusal was based on Hussain's failure to pass the ADI Part 3 exam within the initial six months and insufficient evidence of reasons for delays.
- •Hussain cited family issues, vehicle problems, and difficulty securing students as reasons for the delay.
- •The Tribunal considered the appeal on the papers, with both parties agreeing to this method.
Legal Principles
Grant of a trainee licence under s. 129 of the Road Traffic Act 1988 to gain practical experience in driving instruction.
Road Traffic Act 1988, s. 129; Motor Cars (Driving Instruction) Regulations 2005
Approved Driving Instructor qualification requires passing Parts 1, 2, and 3 of the qualifying examination within two years of passing Part 1.
Road Traffic Act 1988; Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts in place of the Registrar, making a fresh decision based on available evidence and giving appropriate weight to the Registrar’s 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 rests with the appellant to show the Registrar's decision was wrong.
Implicit in the Tribunal's function
Outcomes
The appeal is dismissed.
While acknowledging the impact of Hussain's personal circumstances, the Tribunal concluded he had sufficient time (over 14 months) to complete the requirements, even considering the delays.
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