Caselaw Digest
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Salina Alam v Registrar of Approved Driving Instructors

[2024] UKFTT 852 (GRC)
A driving instructor trainee failed to complete her training on time and asked for a second licence. She said she was ill, but the judges didn't think her excuse was good enough. They said she'd already had plenty of time and refused her request for a second licence.

Key Facts

  • Salina Alam appealed the Registrar of Approved Driving Instructors' refusal of her application for a second trainee driving instructor licence.
  • The initial refusal was based on her non-compliance with the first licence's conditions (failure to submit a training record within three months).
  • The Appellant cited anxiety as a reason for the delay, supported by a GP letter.
  • The Appellant argued a second licence was needed to maintain skills and prepare for her Part 3 test.
  • The Respondent maintained that the first licence provided sufficient time and that a trainee licence isn't intended for indefinite use.

Legal Principles

The Tribunal can make any order it deems fit, reconsidering the decision afresh and giving appropriate weight to the Respondent's reasons.

Section 131 of the Road Traffic Act 1988

Appeals are re-hearings; the Tribunal makes a fresh decision, giving appropriate weight to the Respondent's reasons as the regulatory authority.

Case Law Precedent (implied)

The burden of proof lies with the Appellant to show the Respondent's decision was wrong.

Case Law Precedent (implied)

Outcomes

Appeal dismissed.

The Appellant failed to adequately address the Respondent's reasons for refusal. The first licence provided ample time, and non-compliance with its conditions justified the refusal. The Appellant's medical reasons were not sufficiently substantiated.

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