Alexandra Faith Hughes v Registrar of Approved Driving Instructors
[2024] UKFTT 850 (GRC)
Saira Nisar v Registrar Of Approved Driving Instructors
24 October 2024
[2024] UKFTT 940 (GRC)
First-tier Tribunal
A driving instructor trainee appealed the refusal of a second licence. The appeal was dismissed because she didn't submit her training paperwork on time, even though she had other problems. The judge said she had to follow the rules, and having a second licence wasn't necessary to take her driving test.
Key Facts
- •Saira Nisar appealed the Registrar of Approved Driving Instructors' refusal of her application for a second trainee driving instructor licence.
- •The refusal was based on her failure to submit her completed training record within three months of her first licence's commencement date.
- •Ms. Nisar's first trainee licence was due to expire on 22 April 2024, and her application for a second licence was made on 12 April 2024.
- •She cited various reasons for the delay, including illness and a family bereavement.
- •The respondent maintained that trainee licences are not intended to be open ended, and that applicants should not use them as an alternative to full ADI registration.
- •Ms. Nisar did not need a trainee licence to take her Part 3 test.
Legal Principles
The Tribunal may make such order as it thinks fit, standing in the shoes of the Respondent, considering the decision afresh on the evidence available to it, giving appropriate weight to the Respondent’s reasons.
Section 131 of the Road Traffic Act 1988
An appeal to the Tribunal proceeds as an appeal by way of re-hearing; the Tribunal makes a fresh decision on the evidence before it, giving appropriate weight to the Respondent’s reasons.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended
The burden of proof in satisfying the Tribunal that the Respondent’s decision was wrong rests with the Appellant.
Section 131 of the Road Traffic Act 1988 (implicitly)
The Tribunal was satisfied that the Respondent had been notified of the hearing and that it was in the interests of justice to proceed with the hearing, pursuant to Rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended
Outcomes
The appeal is dismissed.
The Appellant failed to comply with the conditions of her first trainee licence by not submitting her training record within three months of its commencement. While other factors were raised, this was the sole reason for the refusal of the second licence.
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