Philip McDowall v The Registrar of Approved Driving Instructors
[2024] UKFTT 436 (GRC)
Safina Yunus v The Registrar of Approved Driving Instructors
4 November 2024
[2024] UKFTT 982 (GRC)
First-tier Tribunal
A driving instructor trainee failed her driving test three times and asked for another chance to train. The judge said no because she already had enough chances and her reasons weren't good enough. The appeal was dismissed.
Key Facts
- •The Appellant, Safina Yunus, appealed the Registrar of Approved Driving Instructors' refusal to issue her a third trainee licence.
- •The Registrar refused the licence due to two prior unsuccessful attempts and insufficient evidence of loss of training opportunity.
- •The Appellant cited full-time work and caring responsibilities as reasons for needing a third licence.
- •The Appellant failed three Part 3 driving instructor examinations.
- •The appeal was determined via a paper hearing.
Legal Principles
Applicants for registration as Approved Driving Instructors must be and remain 'fit and proper persons'.
Road Traffic Act 1988, s. 125(3) and s. 127(3)(e)
'Fit and proper person' requires not only suitability as an instructor but also maintaining public confidence in the register.
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808
Appeals are re-hearings; the Tribunal makes a fresh decision, giving appropriate weight to the Registrar's reasons.
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
The appeal was dismissed.
The Appellant failed three Part 3 exams, rendering further licensing unnecessary. The reasons provided for needing a third licence (full-time work and family responsibilities) were deemed insufficient.
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