An Approved Driving Instructor (ADI) or trainee driving instructor may, if aggrieved by a decision made by the Registrar, appeal against that decision.
Right of appeal
A right of appeal arises when the Registrar:
- refuses to enter a name on the Register
- refuses to maintain a name on the Register
- removes a name from the Register
- refuses to grant or revokes a trainee licence
How long do you get to appeal?
The person appealing against a decision (the appellant) has 28 days to appeal against the Registrar’s decision (14 days in the case of a decision on a trainee licence). The Registrar may also order that his decision immediately comes into force, in this case the appellant has 14 days to appeal for a delay until their full appeal is heard.
What does the ADI Registrar do?
On receipt of an appeal the Registrar will provide a statement of case setting out the reasons for his decision to the Transport Tribunal. The Tribunal is a completely independent body and the Driving Standards Agency has no influence on its decisions or procedures. After this statement has been received the Tribunal will set a date for a semi-judicial hearing, usually in London for cases in England and Wales and Edinburgh for cases in Scotland.
The tribunal hearing
The appellant may attend this hearing with any representatives and/or witnesses that they wish. The Registrar will send his own representative to the court. The responsibility of providing proof is on the Registrar and accordingly the Registrar’s representative must prove the case.
After the hearing the Tribunal will give a decision in writing.