Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Taslima Akhtar Mili v The Registrar of Approved Driving Instructors
29 May 2024
[2024] UKFTT 441 (GRC)
First-tier Tribunal
A trainee driving instructor failed to pass her driving instructor test in time. She appealed, claiming delays weren't her fault. The judge said she'd had enough time and dismissed her appeal.
Key Facts
- •Taslima Akhtar Mili appealed the Registrar of Approved Driving Instructors' refusal to grant her a second trainee licence.
- •The initial trainee licence was for six months under s.129 of the Road Traffic Act 1988.
- •The refusal was based on the Appellant not passing Part 3 of the ADI qualifying examination and insufficient evidence of loss of training time.
- •The Appellant cited issues with her sponsor's paperwork, test delays, and cancellations.
- •The Registrar noted two test cancellations by the Appellant and one failed Part 3 attempt.
- •The Tribunal considered the appeal on the papers.
Legal Principles
The grant of a trainee licence is for acquiring practical experience in driving instruction before qualification under s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, s.129; Motor Cars (Driving Instruction) Regulations 2005
The ADI qualifying examination consists of Parts 1, 2, and 3, with three attempts allowed per part and a two-year completion limit.
Road Traffic Act 1988; Motor Cars (Driving Instruction) Regulations 2005 (implied)
The Tribunal acts in the place of the Registrar, making a fresh decision based on the evidence, giving appropriate weight to the Registrar's decision. The burden of proof is 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
Outcomes
The appeal was dismissed.
The Tribunal found the Appellant had sufficient time to pass the examination, with no unusual circumstances justifying a further licence extension, despite acknowledged delays and cancellations.
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