Key Facts
- •Sanamdeep Singh appealed the Registrar of Approved Driving Instructors' refusal to grant him a third trainee driving instructor licence.
- •Singh had previously held two 12-month trainee licences.
- •The refusal was based on Singh's cancellation of five Part 3 test appointments and the belief that a trainee licence is not a prerequisite for taking the Part 3 test.
- •Singh argued difficulty in obtaining Part 3 test appointments.
- •The appeal was determined on the papers.
Legal Principles
Grant of a trainee licence enables applicants to provide instruction for payment before qualification.
s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005
A trainee licence is for gaining practical experience in giving driving instruction, not to be used as an alternative to ADI registration.
Respondent's decision and Tribunal's reasoning
Holding a trainee licence is not a prerequisite to qualifying as an ADI.
Case law and Tribunal's findings
The Tribunal stands in the shoes of the Respondent and makes a fresh decision, giving appropriate weight to the Respondent's decision.
s. 131 of the Road Traffic Act 1988 and Tribunal's procedure
Outcomes
Appeal dismissed.
The Tribunal found that Singh had already had sufficient time (12 months) to prepare for the Part 3 test, could gain experience and take the test without a trainee licence, and that trainee licences are not intended for repeated renewal until passing Part 3. The Tribunal agreed with the Respondent's decision.