FT/D/2025/0417 - [2025] UKFTT 01140 (GRC)

Section 125(5) of the Road Traffic Act 1988 imposes a condition for an Approved Driving Instructor to submit themselves for a test of continued fitness and ability if required to do so by the Registrar.

Where an Approved Driving Instructor fails such a test, the Registrar may remove that person from the Register under section 128(1) and section 128(2)(d) of the Road Traffic Act 1988. Although the Road Traffic Act 1988 only requires one test, it is the Registrar’s normal practice to allow three attempts for the Approved Driving Instructor to reach the required standard.

An appeal against the conduct of a check test by a person who has failed it must be made to the Magistrates’ Court and not to this Tribunal.

The powers of the Tribunal in determining this appeal are set out in section 131 of the Road Traffic Act 1988. The Tribunal may make such order for the grant or refusal of the application, or for the removal or the retention of the name in the register, or the revocation or continuation of the licence (as the case may be), as it thinks fit (section 131(3) of the Road Traffic Act 1988).

The Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar’s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant.