Varna Farzan v Registrar of Approved Driving Instructors
[2024] UKFTT 612 (GRC)
Shivani Varma v Registrar of Approved Driving Instructors
27 August 2024
[2024] UKFTT 761 (GRC)
First-tier Tribunal
A driving instructor failed to get a third temporary licence to teach driving before her final test. She didn't show up to court to argue her case. The judge agreed with the driving instructor's association: she'd had enough time to pass her test already and the temporary licence wasn't meant to be used to delay the test.
Key Facts
- •Shivani Varma appealed the Registrar of Approved Driving Instructors' refusal to grant her a third trainee driving instructor licence.
- •Varma failed to appear at the remote hearing.
- •She had previously been granted two 12-month trainee licences.
- •The refusal was based on Varma's failure to pass the Part 3 driving instructor test after multiple attempts and the purpose of trainee licences being to provide practical experience before qualification, not to extend the time to pass the test indefinitely.
- •Varma's second licence remained valid until the appeal's determination, giving her over 17 months with a trainee licence.
Legal Principles
Grant of trainee licences under s.129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005 to enable applicants to gain practical experience before qualification.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts in the place of the Respondent and makes a fresh decision, giving weight to the Respondent’s decision. The appellant bears the burden of proof in showing the respondent's decision was wrong.
s.131 of the Road Traffic Act 1988
Outcomes
Appeal dismissed.
The Tribunal agreed with the Respondent's decision, finding that Varma had already had adequate time with two trainee licences (totalling over 17 months) to prepare for and pass the Part 3 test. The purpose of a trainee licence is not to indefinitely delay passing the qualification test. The appellant did not meet the burden of proof to show the respondent's decision was wrong.
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