Asim Mujeeb v Registrar of Approved Driving Instructors
[2024] UKFTT 1025 (GRC)
Zoltan Kazinczi-Nagy v Registrar of Approved Driving Instructors
10 July 2024
[2024] UKFTT 606 (GRC)
First-tier Tribunal
A driving instructor trainee had his application for a second licence rejected because he didn't finish his required training on time during his first licence. Even though he had a good reason (family emergency), the judge decided he didn't need a second licence to take his final test, so the rejection was upheld.
Key Facts
- •Appellant applied for and was granted a trainee driving instructor licence (15 May 2023 - 14 November 2023).
- •Appellant applied for a second trainee licence on 3 November 2023.
- •Respondent refused the second licence application on 3 January 2024.
- •Appellant failed to complete mandatory additional training within the first three months of his first licence.
- •Appellant claimed inability to complete training due to being abroad for family care.
- •Appellant failed to return a completed ADI 21AT form.
- •Appellant had a Part 3 driving test booked and cancelled/rebooked.
- •Appellant argued that losing the licence would prevent him from becoming a qualified ADI.
Legal Principles
The circumstances for granting a trainee licence are set out in section 129 of the Road Traffic Act 1998 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1998, Motor Cars (Driving Instruction) Regulations 2005
A trainee licence is to enable a person to acquire practical experience in giving driving instruction with a view to the practical test (Part 3) of the qualifying examination to become an ADI.
Road Traffic Act 1998, Motor Cars (Driving Instruction) Regulations 2005
The appellant has a right of appeal under section 131 of the Road Traffic Act 1998.
Road Traffic Act 1998
The appellant must show on the balance of probabilities that the respondent's decision was wrong.
Section 131 Road Traffic Act 1998
Outcomes
Appeal dismissed.
The appellant failed to comply with the conditions of his first trainee licence (failure to complete required additional training). Holding a trainee licence is not a prerequisite for sitting Part 3 of the ADI exam, and the appellant had sufficient time to prepare without a second licence.
Similar Cases
Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Saira Nisar v Registrar Of Approved Driving Instructors
[2024] UKFTT 940 (GRC)
Ross Allan v Registrar of Approved Driving Instructors
[2024] UKFTT 915 (GRC)
Adnan Malik v Registrar of Approved Driving Instructors
[2024] UKFTT 575 (GRC)