Automated Summary
Key Facts
The Appellant, Safina Bibi, applied for a third trainee driving instructor licence under Section 129 of the Road Traffic Act 1988 after previously holding two licences valid from 06 March 2023 to 05 March 2024. The Respondent, the Driver and Vehicle Standards Agency, refused her application, citing failure to demonstrate lost training time or a lack of pupils, and noting she had ample time (12 months via two licences) to pass the instructional ability test. The Appellant had failed the test twice, cancelled two tests in 2023 and 2024, and had not booked her final attempt. The Tribunal dismissed her appeal on 16 January 2025, upholding the refusal.
Issues
- The central issue is whether the Driver and Vehicle Standards Agency (DVSA) lawfully refused the Appellant's third trainee licence under Section 129(4) of the Road Traffic Act 1988. The Appellant, who had two valid trainee licences for 12 months (06 March 2023 to 05 March 2024), applied for a third licence in February 2024. The DVSA refused the application, citing that the purpose of trainee licences is to provide up to six months of instruction experience to qualify for registration, not to serve as an indefinite substitute for registration. The Appellant failed her instructional ability test twice, cancelled two tests in 2023 and 2024, and had not booked her final attempt at the time of refusal. The Tribunal was tasked with assessing whether the DVSA's decision to deny a third licence was reasonable, particularly given the Appellant's personal circumstances, including illness and family bereavements, and her failure to demonstrate lost training time or a lack of pupils.
- The second issue concerns the weight given to the Appellant's personal circumstances in the DVSA's decision-making process. The Appellant argued that her inability to complete the instructional ability test was due to health issues and the loss of several family members, including her sister's brain tumour, brother-in-law's severe illness and death in April 2023, and her aunt's death in 2023. The DVSA acknowledged these circumstances but concluded that the Appellant had not provided sufficient evidence to warrant an extension of time for a third licence. The Tribunal evaluated whether these personal hardships constituted material grounds to override the statutory requirements and the established policy that trainee licences are not meant to replace the registration process. The decision hinged on whether the Appellant's circumstances met the threshold for exceptional treatment under the Act's provisions.
Holdings
The Tribunal dismissed the appeal, finding that the Appellant failed to provide sufficient evidence to overturn the Respondents' decision to refuse her third driving instructor licence. The decision was deemed reasonable given her repeated failures in the instructional ability test and lack of justification for the extension.
Legal Principles
- The decision was based on the Respondents' reasonable determination that the Appellant's personal circumstances and lack of evidence did not meet the necessary standard to grant an extension under Section 129(4) of the Road Traffic Act 1988.
- The Tribunal held that the Appellant failed to provide sufficient material evidence of significant gravity to upset the Respondents' decision, emphasizing that the burden of proof lies with the Appellant to demonstrate grounds for an extension.
Cited Statute
Road Traffic Act 1988
Judge Name
Judge Brian Kennedy KC
Passage Text
- 12. The Respondents took the Appellants plea made into consideration but have adequately explained why they cannot accede to her application for an extension of time. There is not sufficient material evidence before this Tribunal, of significant gravity presented to upset the Respondents decision and accordingly, in all the circumstances I find that decision is reasonable and with regret must refuse the appeal.
- the purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration;
- 11. The appeal is refused.