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First-tier Tribunal (General Regulatory Chamber)


You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Clements v Registrar Of Approved Driving Instructors [2025] UKFTT 741 (GRC) (20 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/741.html
Cite as: [2025] UKFTT 741 (GRC)

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Neutral citation number: [2025] UKFTT 741 (GRC)

 Case Reference: FT.D.2025.0181

First-tier Tribunal

(General Regulatory Chamber)

Standards & Licensing

 

Determined on the

on 20th June 2025

Before

 

HHJ DAVID DIXON

 

Between

 

ADAM CLEMENTS

Appellant

and

 

THE REGISTRAR OF APPROVED

DRIVING INSTRUCTORS

Respondent

 

Decision: The appeal is dismissed and the Registrar's decision remains.

 

 

REASONS

 

Background to Appeal

1.             This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made 22nd January 2025 to refuse to grant the Appellant a third trainee licence.

2.             The Appellant is a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 [1] ('the Act') for a six-month period, and another, but was refused a further licence at the end of the relevant period. 

3.             The Registrar's reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a third trainee licence was therefore refused. The Registrar suggest the licence is being used to make a living.

4.             The Appellant now appeals the Registrar's decision.

Appeal to the Tribunal

5.             The Appellant's Notice of Appeal, 4th February 2025, indicates that there have been difficulties booking tests. He asserts that a driving instructor is always learning and therefore the suggestion that no evidence exists of a lack of training opportunity being provided is simply unfair. He indicates that he has devoted himself to becoming an ADI and therefore is making is living from instructing, but he is not using the licence in the way the Registrar has suggested. The Appellant states he had hoped to pass his Part 3 by now and not still be subject to the learning requirements.

6.             The Respondent submitted a Response indicating that the decision letter sets out their position. The Registrar points out that the Applicant had sufficient time to progress.

7.             The Registrar indicates that the Appellant has been licenced to instruct as a trainee since 20th November 2023. He has failed his Part 3 once so far and cancelled two other attempts. A further Part 3 exam is booked for the 25th July 2025.

Mode of Determination

8.      The Appeal was listed for a paper determination, both parties agreeing to the same. The Tribunal considered the papers with care and came to the conclusion, having considered the Tribunal Rules, that a just and appropriate determination could he reached on the materials provided and proceeded to "hear" the case on the papers.

9.    The Tribunal considered a bundle of evidence containing 20 pages.

The Law

10.         The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in s. 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 [2]. 

11.         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 '.

12.             In order to qualify as an Approved Driving Instructor, 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 has to be retaken.  

13.             If a candidate has passed part 2, they may be granted a trainee licence. However, holding a trainee licence is not a prerequisite to qualification as an Approved Driving Instructor and many people qualify as an Approved Driving Instructor without having held a trainee licence.

14.         The powers of the Tribunal in determining this appeal are set out in s. 131 of the Act.  The Tribunal may make such order as it thinks fit.

15.         When making its Decision, the Tribunal stands in the shoes of the Registrar of approved Driving Instructors and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar's decision [3] 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.

Conclusion

16.         The Tribunal considered carefully all the papers before it.

17.         In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant has indicated that there is no loss of training opportunity and he has in fact has been licenced for some 18 months; he has had more than sufficient training opportunity and the appeal must fail.

18.         The Appellant can still take his Part 3, and the Tribunal wishes him well if he so chooses that option.   

19.         The Appeal is dismissed with immediate effect.

 

 

(Signed)

 

HHJ David Dixon

                                                                                                                                                               DATE:  19th June 2025

 



[1] http://www.legislation.gov.uk/ukpga/1988/52/part/V/crossheading/licenes

 

[2] http://www.legislation.gov.uk/uksi/2005/1902/pdfs/uksi_20051902_en.pdf

 

[3] See R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31. http://www.bailii.org/ew/cases/EWCA/Civ/2011/31.html. Approved by the Supreme Court in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 at paragraph 45 - see  https://www.supremecourt.uk/cases/docs/uksc-2015-0126-judgment.pdf.

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