Mumtaz Hussain v The Registrar Of Approved Driving Instructors
[2024] UKFTT 799 (GRC)
Phiilp Alcock v The Registrar of Approved Driving Instructors
20 June 2024
[2024] UKFTT 533 (GRC)
First-tier Tribunal
A driving instructor trainee failed his exam after his first licence. He asked for a second chance but didn't provide strong enough reasons for why he needed more time. The judge said he'd had long enough already and refused his request.
Key Facts
- •Appeal against the Registrar of Approved Driving Instructors' refusal to grant a second trainee licence.
- •Appellant failed to pass Part 3 of the ADI qualifying examination within the initial six-month trainee licence period.
- •Appellant cited difficulties finding suitable pupils and a month-long car issue as reasons for delay.
- •Appellant did not attend the oral hearing due to reported mental health issues.
- •The Tribunal proceeded to determine the appeal based on written submissions.
Legal Principles
Grant of trainee licence under 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
Tribunal's power to make such order as it thinks fit under s. 131 of the Act.
Road Traffic Act 1988, s. 131
Tribunal acts as the Registrar, making a fresh decision on the evidence and giving appropriate weight to the Registrar's decision. The burden of proof lies with 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
Outcomes
Appeal dismissed.
The Tribunal considered the Appellant had sufficient time (13 months) to pass Part 3, despite acknowledged difficulties. The issues raised did not demonstrate a sustained loss of training opportunity to justify a further extension.
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