Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Simon Bell v The Registrar of Approved Driving Instructors
20 June 2024
[2024] UKFTT 534 (GRC)
First-tier Tribunal
A driving instructor trainee failed his test and asked for more time to complete his training. Even though he had some problems, the judge decided he had enough time already and refused to give him more time to pass his test. He is still able to take the test again if he wishes
Key Facts
- •Simon Bell appealed the Registrar of Approved Driving Instructors' refusal to grant him a second trainee licence.
- •Bell failed to pass Part 3 of the ADI qualifying examination within the initial six-month trainee licence period.
- •Bell cited difficulties finding pupils and car issues as reasons for the delay.
- •The appeal was determined on the papers due to Bell's inability to attend the hearing.
- •Bell had been licensed for 13 months at the time of the appeal.
Legal Principles
Grant of trainee licence under s.129 Road Traffic Act 1988 for acquiring practical driving instruction experience.
Road Traffic Act 1988, s.129
ADI qualifying examination consists of Parts 1, 2, and 3; must be completed within 2 years of passing Part 1.
Motor Cars (Driving Instruction) Regulations 2005
Tribunal acts as the Registrar, making a fresh decision on the evidence; burden of proof on the appellant.
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
Tribunal considers whether the appellant's circumstances justify an extension beyond the typical six-month trainee license period.
Section 131 of the Road Traffic Act 1988; implicit in the Tribunal's reasoning
Outcomes
Appeal dismissed.
The Tribunal found that Bell had sufficient time (13 months) to pass Part 3 of the ADI examination, despite the challenges he faced. The reasons provided did not justify a further extension.
Similar Cases
Mumtaz Hussain v The Registrar Of Approved Driving Instructors
[2024] UKFTT 799 (GRC)
Taslima Akhtar Mili v The Registrar of Approved Driving Instructors
[2024] UKFTT 441 (GRC)
Ross Allan v Registrar of Approved Driving Instructors
[2024] UKFTT 915 (GRC)
Michael Allsop v The Registrar of Approved Driving Instructors
[2024] UKFTT 770 (GRC)