Mohammed Nawaz v Driver and Vehicle Standards Agency
[2024] UKFTT 859 (GRC)
Richard Hogg v Registrar of Approved Driving Instructors
23 May 2024
[2024] UKFTT 416 (GRC)
First-tier Tribunal
A driving instructor trainee failed to get a third licence after two cancellations of his final test. Even though it was hard to book the test, the judge decided he had enough time with his first two licences to prepare. The licence isn't for repeatedly trying the test, so his appeal was rejected.
Key Facts
- •Richard Hogg appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee licence.
- •Hogg had previously held two six-month trainee licences.
- •The refusal was based on Hogg's lack of evidence of lost training time or lack of pupils, despite having had twelve months with trainee licences.
- •Hogg cited difficulties booking a Part 3 driving instructor test, with cancellations by the DVSA.
- •The appeal was determined on the papers, without a hearing.
Legal Principles
Grant of trainee driving instructor licences is governed by section 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 purpose of a trainee licence is to allow practical experience in giving driving instruction in preparation for the qualifying examination, not to guarantee repeated attempts at the test.
Road Traffic Act 1988, section 129(1)
The Tribunal acts in the Registrar's stead, making a fresh decision, giving appropriate weight to the Registrar's original decision. The appellant bears the burden of proving the Registrar's decision was wrong.
Road Traffic Act 1988, section 131
Outcomes
The appeal was dismissed.
The Tribunal accepted Hogg's difficulties booking a test but found that twelve months with two trainee licences provided adequate time to prepare, even with delays. The purpose of the trainee licence is not to continually extend attempts at passing the Part 3 test.
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