Tribunal allows appeal of trainee driving instructor

4 Mar 2025Court Report

Tribunal allows appeal of trainee driving instructor but denies extension of trainee licence

Tribunal allows appeal of trainee driving instructor

The First-tier Tribunal, General Regulatory Chamber, recently adjudicated on the appeal of Shyrique Smith against the Registrar of Approved Driving Instructors. The case revolved around the refusal to grant Smith a third trainee licence.

Smith, a trainee driving instructor, had previously been granted two consecutive six-month trainee licences under section 129 of the Road Traffic Act 1988. These licences were valid from 14 August 2023 to 13 August 2024. Smith applied for a third licence on 2 August 2024, which was refused by the Registrar later that month, prompting this appeal.

The appeal was decided on the papers, without a hearing, under rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The Tribunal was tasked with determining whether the Registrar's decision was correct based on the evidence provided.

Smith's grounds for appeal included challenging family circumstances, such as bereavements and serious health issues affecting close family members, which had interrupted his training schedule. He argued that these extenuating circumstances, coupled with systemic issues like a backlog of tests and a lack of available examiners, justified the need for an additional trainee licence.

The Registrar opposed the appeal, maintaining that the purpose of trainee licences is to provide a limited period for gaining practical experience, not an indefinite extension to pass the necessary tests. The Registrar highlighted that Smith had already failed the instructional ability test twice and had cancelled two more scheduled tests.

The Tribunal acknowledged the challenging family circumstances faced by Smith and recognised the delays in securing a test date. However, it noted that Smith had already benefited from an extended period of holding a trainee licence due to the appeal process.

Ultimately, the Tribunal allowed the appeal, recognising the Registrar's decision as incorrect under the specific circumstances. However, it declined to grant any further extension of Smith's trainee licence. The Tribunal reasoned that Smith had already received the relief sought by virtue of the appeal process and that no further evidence justified an additional extension.

This decision underscores the complexities involved in balancing personal circumstances with regulatory standards in professional qualification processes. It highlights the Tribunal's role in ensuring fairness while maintaining the integrity of the regulatory framework.