Hasham Ahmad v Registrar of Approved Driving Instructors
[2024] UKFTT 417 (GRC)
Sheeza Ahmed v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 440 (GRC)
First-tier Tribunal
A driving instructor trainee failed her final test multiple times and asked for more time to study because of personal issues (eviction and family problems). The judge said she had enough time already and dismissed her appeal. She can still try the test again if she wants.
Key Facts
- •Sheeza Ahmed appealed the Registrar of Approved Driving Instructors' refusal to grant her a third trainee licence.
- •The refusal was based on her failure to pass Part 3 of the ADI qualifying examination within the allotted time and insufficient evidence of loss of training time.
- •Ahmed cited eviction and family issues as reasons for delays in her training.
- •The Tribunal considered the appeal on the papers.
- •Ahmed had been granted two previous trainee licences.
Legal Principles
Grant of a trainee licence under s. 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 Tribunal acts in the place of the Registrar, making a fresh decision on the available evidence, giving appropriate weight to the Registrar's decision.
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
The burden of proof rests on the appellant to demonstrate that the Registrar's decision was incorrect.
Implicit in the Tribunal's role of reviewing the Registrar's decision.
Outcomes
The appeal was dismissed.
The Tribunal, while acknowledging Ahmed's personal difficulties, found that she had sufficient time to complete her training and pass the examination. The voluntary loss of time due to travel was not considered a justifiable reason for extending the licence.
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