Khairul Islam v Registrar Of Approved Driving Instructors
[2024] UKFTT 849 (GRC)
Rajeev Chadha v Registrar of Approved Driving Instructors
24 September 2024
[2024] UKFTT 851 (GRC)
First-tier Tribunal
A driving instructor failed his test twice and wanted a third try. He asked for a third trainee license, but the authorities said he already had enough time. The court agreed, saying the extra time requested wasn't justified, even with personal issues raised. The instructor lost the appeal.
Key Facts
- •Rajeev Chadha appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee driving instructor licence.
- •Chadha had previously been granted two trainee licences totaling 12 months.
- •He cited lack of test availability, family illness, and mental health issues as reasons for needing a third licence.
- •The Respondent argued that the 12 months provided was more than adequate time to prepare for the Part 3 test.
- •Chadha also wanted the licence to continue teaching and alleviate financial hardship.
Legal Principles
The Tribunal can make any order it deems fit, reconsidering the decision afresh and giving appropriate weight to the Respondent's reasons.
Road Traffic Act 1988, section 131
The appeal is a rehearing; the Tribunal makes a fresh decision on the evidence, giving appropriate weight to the Respondent's reasons.
Case Law (implied)
The burden of proof lies with the Appellant to show the Respondent's decision was wrong.
Case Law (implied)
Outcomes
Appeal dismissed.
The Tribunal found the Appellant had been given more than adequate time (under two previous licences) to prepare for and pass his Part 3 test. The reasons for the delay were not deemed sufficient to warrant a third licence. The Appellant's financial hardship and desire to continue teaching were deemed irrelevant to the statutory purpose of a trainee licence.
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