Alexandra Faith Hughes v Registrar of Approved Driving Instructors
[2024] UKFTT 850 (GRC)
Pamela Asquith v Registrar of Approved Driving Instructors
13 September 2024
[2024] UKFTT 825 (GRC)
First-tier Tribunal
A driving instructor trainee's appeal to get a second trainee licence was rejected. She didn't follow the rules for her first licence (missed paperwork and deadlines), and the judge decided she wasn't entitled to another one. The trainee licence is only to help them pass a test, not to be held indefinitely.
Key Facts
- •Pamela Asquith appealed the Registrar of Approved Driving Instructors' refusal of her application for a second trainee driving instructor licence.
- •The refusal was based on her non-compliance with her initial licence conditions regarding training records.
- •Asquith claimed she selected the 'supervisory training' option in error and faced difficulties booking a Part 3 test.
- •The Respondent noted that a trainee licence is not intended to be held indefinitely while awaiting a Part 3 test.
- •Asquith failed to include her house number on the application and did not submit training records within the required timeframe.
Legal Principles
The Tribunal can make any order it sees fit, standing in the Respondent's shoes, considering the decision afresh on available evidence, giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988, s.131
An appeal to the Tribunal proceeds as a rehearing; the Tribunal makes a fresh decision on the evidence before it, giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988 (implicitly)
The purpose of a trainee licence is to allow an applicant to gain sufficient expertise to pass their Part 3 test; it is not intended to be held indefinitely.
Respondent's decision and Tribunal's interpretation
It is not necessary to hold a trainee licence to undertake a Part 3 test.
Respondent's decision and Tribunal's interpretation
Outcomes
Appeal dismissed.
The Appellant failed to comply with the conditions of her initial trainee licence regarding training records, including failing to include her house number on the application and submitting incomplete records outside the required timeframe. The Tribunal found that the Appellant's other arguments lacked substance.
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