First-tier Tribunal (General Regulatory Chamber)

NCN: [2024] UKFTT 441 (GRC)

 Case Reference: D/2024/0079

 

First-tier Tribunal

General Regulatory Chamber

Transport

 

Determined on the

on 29^th May 2024

 

 

Before

 

HHJ DAVID DIXON

 

Between

 

TASLIMA AKHTAR MILI

Appellant

and

 

THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS

Respondent

 

Decision: The appeal is dismissed and the Registrar's decision remains.

 

 

REASONS

 

Background to Appeal

1.             This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made 12^th January 2024 to refuse to grant the Appellant a second trainee licence.

2.             The Appellant is a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 [1] ('the Act') for a six-month period, but was refused a further licence at the end of the relevant period. 

3.             The Registrar's reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a second trainee licence was therefore refused.

4.             The Appellant now appeals the Registrar's decision.

Appeal to the Tribunal

5.             The Appellant's Notice of Appeal, 24^th January 2024, indicates that there as an issue with her sponsor completing the relevant paper work but she had completed the relevant steps in time. She also asserts that there was a delay in getting a test when she "was placed on hold for a few weeks" and then a test was cancelled. She indicates that the delays have limited her ability to pass the test.

6.             The Respondent submitted a Response indicating that the decision letter sets out their position. The Registrar points out that the Applicant had sufficient time to progress.

7.             The Registrar indicates that the Appellant has cancelled two tests in September and December 2023, and failed her Part 3 once. No new test has been booked.

8.             The Registrar indicates the Appellant has been licensed from 2^nd July 2023 to date.

Mode of Determination

9.      The Tribunal considered the appeal on the papers, the Appellant and Respondent agreeing to such a determination. In accordance with the Tribunal Rules the Tribunal assessed whether it was right and proper to continue on the papers and came to the clear view to do so would be fair to all.

10.         The Tribunal considered a bundle of evidence containing 43 pages.

 

The Law

11.         The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in s. 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 [2]. 

12.         A licence under section 129(1) of the Act is granted:

'for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination... as consists of a practical test of ability and fitness to instruct '.

13.             In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3').  Three attempts are permitted at each part.  The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken.  

14.             If a candidate has passed part 2, they may be granted a trainee licence. However, holding a trainee licence is not a prerequisite to qualification as an Approved Driving Instructor and many people qualify as an Approved Driving Instructor without having held a trainee licence.

15.         The powers of the Tribunal in determining this appeal are set out in s. 131 of the Act.  The Tribunal may make such order as it thinks fit.

16.         When making its Decision, the Tribunal stands in the shoes of the Registrar of approved Driving Instructors and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar's decision [3] as the person tasked by Parliament with making such decisions.  The burden of proof in satisfying the Tribunal that the Registrar's decision was wrong rests with the Appellant.

Conclusion

17.         The Tribunal considered carefully all the papers before it.

18.         In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant has indicated that she has struggled to get a test and then there were delays when a test was cancelled. I note the Appellant has cancelled two tests and on the information given to me has failed to book a test in the months after her licence was due to expire. She has now held a trainee licence for nearly 11 months.

19.         Regrettably I do not believe that a further period can be justified. The Appeal is dismissed. The Appellant has had more than long enough to pass and nothing unusual is advanced justifying a further licence.

20.         The Appellant is still able to attempt her Part 3 if she wishes to and the Tribunal wishes her well if she so chooses.

 

 

(Signed)

 

HHJ David Dixon

                                                                                                                 DATE:  29^th May 2024