Arbab Ayub Baig Mughal v The Registrar of Approved Driving Instructors
[2024] UKFTT 989 (GRC)
Philip McDowall v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 436 (GRC)
First-tier Tribunal
A trainee driving instructor failed his final driving test three times and was denied a third attempt at getting his license. He appealed, but the judge agreed with the decision to not give him another try, because he had enough chances already.
Key Facts
- •The Appellant, a trainee driving instructor, was refused a third trainee licence by the Registrar of Approved Driving Instructors.
- •The refusal was based on the Appellant's failure to pass the Part 3 ADI qualifying examination within the given timeframe and insufficient evidence of reasons for delays.
- •The Appellant had failed the Part 3 test three times.
- •The Appellant appealed the Registrar's decision.
- •The Tribunal considered the appeal on the papers due to the Appellant's third failure and lack of merit.
Legal Principles
The grant of a trainee licence 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, when determining an appeal, stands in the shoes of the Registrar and makes a fresh decision, 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 demonstrate the Registrar's decision was wrong.
Implicit in the Tribunal's role of reviewing the Registrar's decision
Outcomes
The appeal was dismissed.
The Appellant failed to provide sufficient justification for the delay in passing the Part 3 test, and had exhausted all permitted attempts at the test. The Tribunal found the appeal lacked merit.
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