British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
First-tier Tribunal (General Regulatory Chamber)
You are here:
BAILII >>
Databases >>
First-tier Tribunal (General Regulatory Chamber) >>
Ali v Registrar of Approved Driving Instructors [2025] UKFTT 807 (GRC) (02 July 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/807.html
Cite as:
[2025] UKFTT 807 (GRC)
[
New search]
[
Printable PDF version]
[
Help]
|
|
Neutral Citation Number: [2025] UKFTT 807 (GRC) |
|
|
Case Reference: FT/D/2025/0048 |
First-tier Tribunal
(General Regulatory Chamber)
|
|
Heard on: GRC -CVP on 30 June 2025
|
|
|
Decision Given On: 2 July 2025 |
B e f o r e :
Judge Brian Kennedy KC
____________________
Between:
|
SHAID ALI
|
Appellant
|
|
- and -
|
|
|
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
|
Respondent
|
____________________
Representation:
For the Appellant: Shaid Ali as a litigant in person.
For the Respondent: N/A
____________________
HTML VERSION OF DECISION
____________________
Crown Copyright ©
Decision: The appeal is dismissed.
REASONS
- Section 123(1) of the Road Traffic Act 1988 ('the Act') prohibits the giving of instruction paid for by or in respect of a pupil in the driving of a motor car unless the instructor's name is on the Register of Approved Driving Instructors, or he is the holder of a current licence issued under Section 129(1) of the Act.
- The Appellant is not now and has never been on the said Register.
- Two licences under Section 129 of the Act were granted to the Appellant for the purpose of enabling him to gain practical experience to undergo the examination of his ability to give instruction in the driving of motor cars and were valid from 11 December 2023 to 10 December 2024 (D1).
- On 22 November 2024 the Appellant applied for a third licence (D2). By way of an email dated 25 November 2024 (D3) the Appellant was notified that the Respondent was considering the refusal of his application for a third licence.
- By way of an email received on 25 November 2024 (D4) the Appellant made representations stating that his most recent test was booked to hold by the DVSA, which left him with uncertainty. He also stated that he received poor training during the period of his first licence. He feels that a third licence should be granted to allow him to take all attempts at the test, and to allow him to gain more knowledge and experience.
- After considering these representations the Respondent decided to refuse the Appellant's application on the grounds that that did not provide any evidence of lost training time or a lack of pupil's and has already had two licences for twelve months.
- The Respondent served Notice of their decision in accordance with Section 129(4) of the Act by an email dated 20 December 2024 (D5)
- The reasons given for refusal by the Respondent were as follows:
(i) the purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.
(ii) the licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction. This provides a very reasonable period in which to reach the qualifying standard in the examination and in particular, to obtain any necessary practical experience in tuition. The Appellant has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal;
(iii) since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled three more such tests booked for 27 February 2025, 03 March 2025 and 30 April 2025. (Annex A). Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and
(iv) the refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.
- It is noted that the Appellant has his final attempt at the instructional ability test booked for 09 July 2025. Should the test go ahead, then the regulations determine that any appeal is bound to fail as a trainee licence can only be issued in order that an individual can gain the practical experience required to take the test.
- The Appellant appeared before the Tribunal and in essence disputes the assertion that he provided no evidence of lost training time and argues on grounds of unfairness his appeal should be allowed but I am satisfied any of his reasons do not establish a case to render the Respondents decision unreasonable or the exercise of their discretion unreasonable or amount to an error of Law.
- The Appellant confirmed (as is often the case) that it is extremely difficult to obtain a date for a test, but he is fortunate enough to have been able to book a test for 09 July December 2024 and is quite optimistic that he will pass this test.
- For all these reasons I have decided to dismiss this appeal
Signed Brian Kennedy KC
Date: 30 June 2025.