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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Bashir v Registrar of Approved Driving Instructors [2025] UKFTT 365 (GRC) (27 March 2025) URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/365.html Cite as: [2025] UKFTT 365 (GRC)

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First-tier Tribunal
(General Regulatory Chamber)
Transport

		Heard by Cloud Video Platform on: 26 March 2025
		Decision Given On: 27 March 2025

Decision: The appeal is Dismissed.

The decision of the Registrar dated 9 April 2024 is confirmed

REASONS
1. The appellant appeals against the decision made by the Registrar of Approved Driving Instructors (the Registrar) on 9 April 2024 to refuse his application for a second trainee licence.
2. The appeal was listed for hearing at 3pm on 26 March 2025 by CVP. Neither party, nor a representative of either, attended nor provided any explanation for their non-attendance. The Tribunal was satisfied that both parties had been properly served with notice of the hearing and the Tribunal clerk also made a number of attempts to contact the appellant without success. After delaying the start of the hearing for 10 minutes to accommodate any late arrival (the appeal having been listed to commence at 15.00), the Tribunal determined that it was in the interests of justice to proceed with the hearing in the parties' absence and determined the appeal on the papers only.
3. The appellant was granted a trainee licence which was valid from 18 September 2023 to 17 March 2024. On 15 March 2024 the appellant applied for a second trainee licence.
4. On 18 March 2024 the respondent notified the appellant that consideration was being given to refusing his application. He was invited to make representations. He was advised that he had not complied with a condition of his licence in that he had not returned a form ADI 21AT demonstrating that he had undertaken a minimum of 20 hours additional training delivered by an Approved Driving Instructor (ADI).
5. The appellant responded by email on 19 March 2024. He stated that he had suffered a family bereavement which had affected him both mentally and physically. He also said that he had been affected by the lack of test availability in his area and at that date he had not been provided with a date for his Part 3 examination. He also submitted a form ADI 21AT dated 13 March 2024, six months, rather than the required three months, after the commencement date of his existing trainee licence.
6. The respondent gave the following reasons for the decision made on 9 April 2024:

a. The appellant had the benefit of a trainee licence for a period of 6 months, which is considered sufficient.

b. The appellant had failed to comply with the conditions of his first licence

c. Parliament's intention was not to licence candidates for as long as it takes them to pass the examination.

d. The trainee licence must not become an alternative to registration as a fully qualified ADI.

e. It is not necessary to hold a trainee licence in order to sit the part 3 examination.

7. The appellant lodged a notice of appeal dated 21 April 2024. In his notice of appeal, the appellant does not explain why he considers that the respondent's decision is wrong or give any reasons for the appeal.
8. The respondent in its response dated 15 October 2024 reiterated the above reasons for refusal. It clarified that the appellant had failed to comply with the conditions of his first licence because the training objectives on his ADI 21AT form were not completed within the first three months of the licence period. It noted that by applying for a second trainee licence before expiry of the first, his existing trainee licence continues in force until determination of the appeal, making a total validity period of his existing trainee licence of over 18 months The respondent noted that since passing his driving ability test the appellant had failed the instructional ability test (the Part3 test) once and cancelled two more such tests booked for 18 June 2024 and 1 November 2024. The DVSA also cancelled a test booked for 4 October 2024.
9. The hearing of the appeal took place by video and there were no objections to this as a suitable method of hearing. The appellant did not attend, nor did a representative attend on his behalf. The Tribunal proceeded in the Appellants absence having delayed commencement for 10 minutes.
10. The circumstances in which a person may be granted a trainee licence are set out in Section 129 of the Road Traffic Act 1988 (the Act) and the Motor Cars (Driving Instruction) Regulations 2005 (the Regulations).
11. The appellant's right of appeal and the powers of the Tribunal to determine this appeal are set out in s.131 of the Act. The Tribunal will make a fresh decision on the evidence before it and may make such order as it thinks fit.
12. It is for the appellant to show on balance of probabilities that the respondent's decision was wrong.
13. The essence of the respondent's decision is that the appellant has been provided with more than adequate time to sit the required tests to become an ADI. The appellant has already had a six-month trainee licence, and because the application for his second licence was made before the expiry of his first licence, he has had the benefit of a continuing licence while his appeal has been pending, which has been valid for over 18 months to date. The appellant can continue to provide instruction, so long as it is without payment, if he considers that he needs further experience before sitting the test or undertake a course of study or train or study with an ADI.
14. The appellant gave no reasons why the decision of the respondent was wrong in his notice of appeal and has not provided additional evidence. The form ADI 21AT dated 13 March 2024 shows that the development objectives set out in that form were completed by 9 March 2024, and therefore not in the first three months of the first trainee licence. He therefore failed to comply with the conditions of his first licence
15. In reaching its decision, the Tribunal has taken into account all the evidence submitted to it in advance of the hearing and considered all the circumstances relevant to this appeal.
16. In all the circumstances, the Tribunal finds that the appellant has not persuaded it that the Registrar's decision was wrong in any way and accordingly dismisses the appeal.

Signed Judge Harris

Date: 27 March 2025