(General Regulatory Chamber)
Transport
Heard on: 14 January 2025 |
||
B e f o r e :
TRIBUNAL JUDGE THOMAS BARRETT
____________________
FARHAT IKRAM |
Appellant |
|
- and - |
||
REGISTRAR OF APPROVED DRIVING INSTRUCTORS |
Respondent |
____________________
The Appellant attended in person
For the Respondent: No attendance
____________________
Crown Copyright ©
Decision: The Appeal is Dismissed
Background and relevant law
"...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 referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct."
"The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."
"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."
"Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—
(a)until the commencement of the new licence, or
(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."
Role of the Tribunal
"A person who is aggrieved by a decision of the Registrar—
(a)to refuse an application for the grant of a licence under this Part of this Act, or
(b)to revoke such a licence,
may appeal to the First-tier Tribunal"
(a)for the grant or refusal of the application
or,
(b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence,
(as the case may be) as it thinks fit.
Evidence and matters considered
Chronology
(a) the Appellant passed his part 1 test on 7 February 2023 and his part 2 on 23 March 2023 (19)
(b) he was granted two licences by section 129(1) which enabled him lawfully to provide paid driving instruction (without his name being on the Register) from 22 May 2023 to 21 May 2024
(c) on 12 May 2024 the Appellant applied for a 3rd licence
(d) the Appellant was notified on 15 May 2024 (16) that the Registrar was considering refusal of the application about which the Appellant made representations on 26 May 2024.
(e) on 19 June 2024 the Registrar notified the Appellant that his representations had been considered but the Decision was to refuse the application for a 3rd licence.
The Registrar's grounds of refusal
(a) no evidence had been provided of lost training time.
(b) two 6 months licence periods had been granted which was considered a "more than adequate period of time" to pass the ADI qualifying examination.
(c) it is not the purpose of the licence scheme to allow candidates "...as long as it takes" to pass the examination.
(d) the trainee licence system "must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor."
The Grounds of Appeal (8)
(a) the Registrar's decision is wrong because he had a genuine reason for losing practice time for his final part of the ADI and that he was unable to find test dates
(b) he had a family member's health issue to deal with and this diverted him
(c) if he cannot have a licence he will not be able to have pupils and this will harm his ability to pass the test
"I believe that an other extension to my trainee licence should be allowed so I can take my ADI part 3 final attempt to pass my ADI part 3 by using one of my pupils who I have trained and also use dual control car which is required for ADI part 3"
Registrar's response (12)
(a) "since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled eleven more such tests booked for 19 September, 27 & 30 November 2023 and 04 January, 13 February, 19 March, 26 April, 17 June, 31 July and 22 & 28 August 2024. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor";
(b) "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"
(c) "...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"
(d) "It should be noted that the Appellant has not yet [as at 24 July 2024] booked his final attempt at the instructional ability test."
The Appellant's further representations
(a) he agreed with the Registrar's position referred to at paras. 18(c) and (d) above
(b) he had continued preparing for the test since the refusal in May 2024 including by having paid and some unpaid pupils with just a small amount of interruption of about a month
(c) in October 2024 he applied for a test and a date has been given for the 22 January 2025
(d) he needs to know the outcome of the Appeal as this might impact the contractual position with AA
Tribunal's Review
Decision
Signed: Tribunal Judge Heald
Date: 20 January 2025