Varna Farzan v Registrar of Approved Driving Instructors

18 July 2024

[2024] UKFTT 612 (GRC)

First-tier Tribunal

A driving instructor trainee wanted a third licence to practice teaching while she prepared for her final test. The judge said she'd had enough time already with two previous licences and that the licences aren't meant to be used to delay taking the test. Her appeal was rejected.

Key Facts

•Varna Farzan appealed the Registrar of Approved Driving Instructors' refusal to grant her a third trainee licence.
•She had previously held two trainee licences under s.129 of the Road Traffic Act 1988.
•The refusal was based on the belief that she had sufficient time to gain experience and pass the Part 3 instructional ability test.
•The Appellant argued she had difficulties booking and passing the test.
•The Appellant had passed the driving ability test (Part 2) but failed the instructional ability test (Part 3) once and cancelled two other tests.
•The appeal was determined on the papers.

Legal Principles

The purpose of a trainee licence is to gain practical experience in teaching driving for payment to prepare for the instructional ability examination (Part 3). It is not intended to be held indefinitely while awaiting the passing of Part 3.

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 Registrar's decision. The burden of proof lies with the Appellant to show the Registrar's decision was wrong.

Road Traffic Act 1988, s. 131

Outcomes

The appeal was dismissed.

The Appellant had already held two trainee licences, providing sufficient time to prepare for the Part 3 test. A trainee licence is not a substitute for passing the test; it's intended to provide practical experience to prepare for the test, not to repeatedly delay taking the test.

Varna Farzan v Registrar of Approved Driving Instructors

Key Facts

Legal Principles

Outcomes

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