Abdullah vs The Registrar of Approved Driving Instructors

This case involved an appeal by Salem Abdullah against the decision of the Registrar of Approved Driving Instructors to refuse a further trainee licence extension.

TLDR:

• Salem Abdullah appealed against the refusal of a further trainee driving instructor licence.
• The Tribunal dismissed the appeal, upholding the Registrar's decision.
• The decision highlights the regulatory framework governing trainee driving instructor licences.

The hearing took place on 4 June 2024, with Mr. Abdullah representing himself and Claire Jackson of the DVSA representing the Registrar. The hearing was conducted remotely via the Tribunal Service's CVP Video Hearing System.

Mr. Abdullah was a trainee driving instructor who had previously been granted two trainee licences under s.129 of the Road Traffic Act 1988, each for a six-month period. He requested a further licence extension at the end of the twelve-month period, which was refused by the Registrar on 25 October 2023.

The Registrar's decision was based on the view that the twelve-month duration of the two trainee licences should have been sufficient for Mr. Abdullah to gain the necessary experience to pass the final part of the Approved Driving Instructors (ADI) qualifying examination. The Registrar noted that Mr. Abdullah had ample opportunity to pass his ADI Part 3 test and had not provided evidence of lost training time due to circumstances beyond his control.

In his appeal, Mr. Abdullah argued that he needed more time as a trainee instructor to prepare for his ADI Part 3 test and claimed a right to a licence to permit this preparation. He cited difficulties and delays in finding test dates due to a backlog.

The Tribunal reviewed the relevant law, including s.129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. It noted that a trainee licence is not a prerequisite for taking the Part 3 test and that the legislation does not provide for continual extensions of trainee licences.

During the hearing, Ms. Jackson for the Registrar emphasized that Mr. Abdullah had already benefited from a trainee licence for 20 months due to the appeal process. She reiterated that the legislation does not guarantee continual extensions.

The Tribunal concluded that Mr. Abdullah did not need a trainee licence to take further attempts at the Part 3 test and that the 20-month period he had already had was sufficient for gaining practical experience. Consequently, the Tribunal dismissed the appeal, upholding the Registrar's decision.

Legal representatives: Salem Abdullah (self-represented), Claire Jackson (DVSA) for the Registrar.

Judicial Panel: Tribunal Judge Peter Hinchcliffe

Case Citation Reference: [2024] UKFTT 484 (GRC)