Tracey Louise Smith v The Registrar of Approved Driving Instructors

19 July 2024

[2024] UKFTT 555 (GRC)

First-tier Tribunal

A trainee driving instructor couldn't book her driving test on time, so she couldn't become a fully qualified instructor. She appealed, but the judge said she'd had enough time already and refused her another licence, though she could still try the test.

Key Facts

•Tracey Louise Smith 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 standard timeframe and insufficient evidence of lost training time.
•The Appellant argued that difficulty booking a test slot with the DVSA prevented her from completing the examination.
•The Appellant had been licensed since February 2023.

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's power to make such order as it thinks fit under s. 131 of the Road Traffic Act 1988.

Road Traffic Act 1988, section 131

The Tribunal stands in the shoes of the Registrar and makes a fresh decision, 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

Outcomes

The appeal was dismissed.

While the Tribunal acknowledged the difficulties in booking test slots, it found that the Appellant had sufficient time (16 months) to complete her training and there was no demonstrable loss of training opportunity beyond test booking difficulties. The initial order delaying the decision's operability was solely to allow the Appellant to complete her next booked test.

Tracey Louise Smith v The Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

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