First-tier Tribunal (General Regulatory Chamber)

Neutral citation number: [2024] UKFTT 457 (GRC).

 

 Case Reference: D/2024/26

First-tier Tribunal

General Regulatory Chamber

Transport

 

Determined at a panel paper hearing.

on 30th May 2024

Before

 

HHJ DAVID DIXON

DAVID RAWSTHORN

STUART JAMES

 

 

Between

 

Jaswant Dhillon

Appellant

and

 

THE REGISTRAR OF APPROVED

DRIVING INSTRUCTORS

Respondent

 

Decision: The appeal is dismissed with immediate effect, 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 24^th November 2023 to remove him from the Register after he failed to pass three consecutive "continued ability and fitness to give instruction" tests, contrary to the requirements of the Road Traffic Act 1988. The Registrar's decision was made following consideration of the circumstances and the Appellant failure to pass check tests on 6th June 2022, 8^th September 2022 and 30 January 2023.

2.    The Appellant now appeals the Registrar's decision by pleading dated 20^th December 2023. He indicates that for one of the check tests (presumably the last one) he had to find a "pupil" at the last minute and was only able to find a full licence holder, which affected his performance in the test. He asserts that he is a good instructor with a solid reputation. He indicates he provides a key service to the migrant community and asks to be allowed a further test to prove himself.

3.    The Registrar provided a Response indicating that the failure to pass 3 check tests was such that the Appellant could no longer be allowed to remain on the Register.

Mode of Determination

4.    The case was listed for paper hearing and the Tribunal met via the video enabled hearing system to discuss the case. The Appellant wished for a paper determination and the Tribunal in the circumstances of this particular case, applying the Tribunal Rules, decided such a procedure was fair and appropriate.

5.    The Tribunal considered a bundle of evidence containing 25 pages.

The Law

6.    Section 125 (5) of the Road Traffic Act 1988 imposes a condition for an Approved Driving Instructor to submit themselves for a test of continued fitness and ability if required to do so by the Registrar.[1]

7.    Where an Approved Driving Instructor fails to attend a test of continued fitness and ability or fails such a test, the Registrar may remove that person from the register under s. 128(2) (c) or (d) of the 1988 Act. [2]

8.    An appeal against the conduct of a check test by a person who has failed it lies to the Magistrates' Court and not to this Tribunal. [3]

9.    An appeal to this Tribunal against the Registrar's decision proceeds as an appeal by way of re-hearing i.e., the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence before it.  It must give such weight as it considers appropriate to the Registrar's reasons [4] as the Registrar is the person tasked by Parliament with making such decisions.  The Tribunal does not conduct a procedural review of the Registrar's decision-making process.    

Conclusion

10. The Tribunal considered carefully all the evidence in this appeal.

11. Here the Appellant accepts that he has failed the check test three times. He seeks to explain the most recent failure, but offers no explanation regarding the earlier tests. He argues he is a good instructor.

12. The Tribunal stands in the shoes of the Registrar and takes a view on the evidence before it. Here the Registrar indicates that three failures can't be overlooked. The Tribunal works on the basis that the check test results are accurate, and that this is the fairest way for standards to be assessed.

13. Here the Appellant accepts that he has failed the test three times. The Appellant has failed to show he is teaching to the required standard, nor that he has learnt from earlier feedback and therefore is not able to demonstrate his abilities are appropriate.

14. In all the circumstances, the Registrar had no option but to remove the Appellant from the Register and the Tribunal comes to the same view. This Appeal is dismissed with immediate effect.

 

 

(Signed)

 

HHJ David Dixon

David Rawsthorn

Stuart James

                                                                                                                  DATE:  30^th May 2024