Atta Ahmad v Registrar for Approved Driving Instructors
[2024] UKFTT 557 (GRC)
Nazar Aljebari v Registrar Of Approved Driving Instructors
29 August 2024
[2024] UKFTT 765 (GRC)
First-tier Tribunal
A driving instructor trainee failed to complete his training on time due to an accident. He appealed when his application for a second trainee licence was rejected. The judge decided the first licence already gave him enough time, and he should have finished his training record as required, so the appeal failed.
Key Facts
- •Nazar Aljebari appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee driving instructor licence.
- •The refusal was based on Aljebari's failure to complete his training objectives within three months of his first licence and the policy against trainee licences becoming an alternative to full ADI registration.
- •Aljebari argued that a road traffic accident hindered his progress, and a second licence would allow him to catch up.
- •Aljebari's first trainee licence was valid until the appeal's determination, providing over 12 months of training.
- •He had a Part 3 test scheduled.
Legal Principles
The Tribunal's powers in determining appeals are set out in s.131 of the Road Traffic Act 1988. The Tribunal can make any order it deems fit, considering the decision afresh and giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988, s.131
Appeals proceed as re-hearings; the Tribunal makes a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons. A procedural review of the Respondent's decision-making process is not conducted.
Implied from the Tribunal's procedure
Outcomes
The appeal was dismissed.
The Tribunal considered all evidence and submissions, finding little dispute on material facts. The Respondent's decision was upheld because Aljebari had been given adequate time under his first licence and failed to meet its conditions (incomplete training record).
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