Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Nicole Andrea Haggart v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 439 (GRC)
First-tier Tribunal
A driving instructor failed her final exam twice and asked for more time to practice. The judge said no because she'd already had enough time and didn't give a good reason why she needed more. The instructor can still try the exam again if she wants.
Key Facts
- •Appellant applied for a third trainee driving instructor licence.
- •The Registrar refused the application because the Appellant hadn't passed the Part 3 driving instructor exam within the given timeframe and hadn't provided sufficient evidence of reasons for delays.
- •The Appellant appealed the Registrar's decision.
- •The Appellant failed the Part 3 exam twice.
- •The Appellant had been licensed since December 12, 2022.
- •The Tribunal considered the appeal based on submitted documents.
Legal Principles
Grant of trainee driving instructor licences is governed by s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts as the Registrar in making a fresh decision, considering the Registrar's decision's weight. The burden of proof lies on the Appellant.
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
Trainee licences are granted to gain practical experience before qualification; qualification doesn't require a trainee licence.
Road Traffic Act 1988
Outcomes
The appeal was dismissed.
The Appellant failed to provide justification for needing a third licence, offering no evidence of unusual circumstances or loss of training time. The Tribunal deemed she had sufficient time to pass the exam.
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