Tribunal dismisses appeal against driving instructor trainee licence refusal

Overview of the Case

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal brought by Mr. Akbar Mohammed Ahmad against the Registrar of Approved Driving Instructors. The appeal challenged the Registrar's decision to refuse Ahmad's application for a second trainee licence, a decision originally made on 16 August 2024.

Background

Ahmad had previously been granted a trainee licence valid from 12 February 2024 to 11 August 2024. On 17 July 2024, he applied for a second licence to continue gaining experience as a driving instructor. However, the Registrar indicated on 31 July 2024 that the application might be refused, inviting Ahmad to submit representations.

Appellant's Representations

In his representations dated 7 August 2024, Ahmad explained that he had not utilised his first licence for the initial two months due to not having a car and being on holiday. He expressed a need for a second licence to gain more experience and fulfil commitments to clients, which he argued would also assist him financially.

Registrar's Decision

The Registrar refused the application, citing Ahmad's failure to comply with the conditions of his first licence. The Registrar noted that Ahmad had already benefited from a six-month period to attempt becoming an Approved Driving Instructor (ADI) and emphasised that the trainee licence should not serve as an alternative to full ADI registration.

Appeal and Tribunal Decision

Ahmad lodged an appeal on 25 August 2024, arguing that he was unaware of certain conditions due to his trainer's inexperience. He also highlighted the lack of available Part 3 tests and his financial commitments. The Tribunal, however, found that Ahmad did not provide sufficient evidence to demonstrate that the Registrar's decision was incorrect.

Legal Framework

The Tribunal considered the relevant legal framework, including Section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. It was noted that the appellant had not met the conditions of his first licence and had already benefited from its extension during the appeal process.

Conclusion

Ultimately, the Tribunal concluded that Ahmad had not shown on the balance of probabilities that the Registrar's decision was wrong. The appeal was therefore dismissed, confirming the Registrar's initial decision.

Implications

This case underscores the importance of compliance with trainee licence conditions and the limitations on using such licences as alternatives to full ADI registration. It also highlights the Tribunal's role in independently assessing evidence and making decisions based on the balance of probabilities.

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