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First-tier Tribunal (General Regulatory Chamber)
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Smith v Registrar of Approved Driving Instructors [2025] UKFTT 717 (GRC) (18 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/717.html
Cite as:
[2025] UKFTT 717 (GRC)
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Neutral Citation Number: [2025] UKFTT 717 (GRC) |
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Case Reference: FT/D/2024/0803 |
First-tier Tribunal
(General Regulatory Chamber)
Transport
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Decided without a hearing Heard on: 16 June 2025
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Decision Given On: 18 June 2025 |
B e f o r e :
JUDGE SAWARD
____________________
Between:
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DARREN SMITH
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Appellant
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- and -
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REGISTRAR OF APPROVED DRIVING INSTRUCTORS
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Respondent
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____________________
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HTML VERSION OF DECISION
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Crown Copyright ©
Decision: The matter is remitted to the Respondent to reconsider the decision in light of the Appellant's evidence now adduced on appeal.
REASONS
- This is an appeal against a decision of the Registrar of Approved Driving Instructors ('the Registrar') made on 9 September 2024 to refuse to grant the Appellant a third trainee licence.
- With the consent of both parties, this has been a determination on the papers. A finalised bundle of evidence has not been produced by the Registrar as directed by the Tribunal despite an extension of time being granted on 19 May 2025. However, the Tribunal has received key documents listed in the draft bundle index including the application and Appellant's supporting documents together with the Registrar's Decision Notice and summary grounds of opposition to the appeal.
The Appeal
- The Appellant's Notice of Appeal dated 19 September 2024 relies on the grounds that:
a) The Registrar's decision is wrong because the Appellant lost months of training during his first licence due to bereavement. He worked very little and did not gain enough experience to train for Part 3. Due to chronic knee pain in both knees, it was too dangerous to work as the Appellant had difficulty using dual controls.
b) With the second licence the Appellant could not gain enough experience to take level 3 until recently as his knee condition got worse.
c) After medication was prescribed, the Appellant has been able to train.
d) He has been trying for months to get a Part 3 test but there is never availability.
e) The Appellant was told in August (2024) to put a test on hold. His first test was 8 November 2024, and his theory runs out on 9 November 2024.
- The Registrar's resists the appeal in the completed 'Response to Appeal' form submitted on 3 February 2025. The Registrar says that the decision to refuse the Appellant's application for a third trainee licence was taken because they have already had the benefit of two licences lasting 12 months. The Registrar considers this sufficient opportunity for the Appellant to gain the necessary experience.
- The Appellant's Reply of 10 February 2025 attaches "proof of my inability to work enough, to get the relevant experience to sit the ADI test Part 3." He provides 3 pages identified by the Appellant as NHS records showing that he suffered chronic knee pain from February 2024, especially when driving. The extracts include a patient assessment and various medical appointments for his condition.
- The Appellant points out that being self-employed he had no need for a medical certificate for sickness, that could be produced as proof in support of his case. However, he produces a 'Statement of Fitness for Work' for November to December 2023 and February 2024 where he was signed off as 'not fit to work'. The Appellant submits that the documents show he was "suffering before February 2024 and I am awaiting 2 x operations." His condition is made worse by operating the dual controls.
- The Appellant requests that his appeal be allowed due to these exceptional circumstances.
The law
- The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified as an Approved Driving Instructor ('ADI'). A trainee licence may be granted in the circumstances set out in section 129 of the Road Traffic Act 1988 ('the Act') and the Motor Cars (Driving Instruction) Regulations 2005.
- A licence under section 129(1) of the Act is granted: 'for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination... as consists of a practical test of ability and fitness to instruct.'
- To qualify as an ADI, applicants must pass the Qualifying Examination. This comprises: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3'). Three attempts are permitted at each part. The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination must be retaken.
- If a candidate has passed Part 2, they may be granted a trainee licence. However, holding a trainee licence is not necessary in order to qualify as an ADI, and many people qualify without having held a trainee licence.
- The powers of the Tribunal in determining this appeal are set out in section 131 of the Act. The Tribunal may make such order as it thinks fit (section 131(3)). 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 lies with the Appellant.
- If the Tribunal considers that any evidence provided to it on an appeal had not been provided to the Registrar before the decision was made, it may remit the matter to the Registrar to reconsider the decision instead of making an order (section 131(4)).
Consideration and conclusions
- The most important written evidence is the medical information now produced to show that the Appellant was unable, at times, to practice under his trainee licence or that it has been difficult for him to do so, due to medical reasons.
- In the absence of evidence to the contrary, I would accept that the Appellant has found it difficult to secure Part 3 test dates due to a shortage in available dates.
- On the other hand, I note that the Appellant was granted two trainee licences covering a period of 12 months. Subject to the date of his application, the Appellant may also have had the benefit of a further period of 9 months up until today, but this is not altogether clear without a finalised bundle containing the Appellant's full licence history. I also note that the Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence.
- I am mindful that without a finalised bundle I do not have the complete picture. Notably, there is medical evidence adduced in the appeal, which does not appear to have been adduced to the Registrar before the decision was given to which this appeal relates.
- In all the circumstances, instead of making an order under section 131(3) of the Act, I consider it in the interests of justice for me to exercise my discretion under section 131(4A) of the Act to remit the matter to the Registrar for him to reconsider the decision.
Signed: Judge Saward
Date: 16 June 2025