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First-tier Tribunal (General Regulatory Chamber)
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Gay v Registrar for Approved Driving Instructors [2025] UKFTT 759 (GRC) (25 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/759.html
Cite as:
[2025] UKFTT 759 (GRC)
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Neutral Citation Number: [2025] UKFTT 759 (GRC) |
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Case Reference: FT.D.2024.1059 |
First-tier Tribunal
(General Regulatory Chamber)
Transport
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Decision made without a hearing
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Decision Given On: 25 June 2025 |
B e f o r e :
JUDGE SANGER
____________________
Between:
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MARK GAY
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Appellant
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- and -
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REGISTRAR FOR APPROVED DRIVING INSTRUCTORS
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Respondent
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____________________
____________________
HTML VERSION OF DECISION
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Crown Copyright ©
Decision: The appeal is dismissed.
REASONS
Introduction
- This is an appeal against a decision of the Registrar of Approved Driving Instructors ('the Registrar'), made on 18th November 2024, to refuse to grant the Appellant a third trainee licence.
- The Appellant did not attend the hearing. The Registrar did not appear and was not represented.
- The Registrar returned a certificate of compliance to the Tribunal on 4th March 2025. I am therefore satisfied that the Registrar had notice of the hearing. This Tribunal has been notified that the Registrar has made a decision not to attend trainee license appeal hearings for the foreseeable future.
- At the time of the listed hearing, the Tribunal clerk contacted the Appellant on the mobile number and the landline number that had been provided to the Tribunal. There was no response on the mobile but a family member answered the landline and confirmed that it was unlikely that the Appellant would attend as it was his birthday.
- Rule 36 allows the Tribunal to continue in the absence of a party if it is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party, and it is in the interests of justice to do so.
- I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed in the absence of both the Appellant and the Respondent.
Legal Framework
- The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.
- A trainee licence may be granted in the circumstances set out in s. 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.'
- 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 final Part 3 test, must be booked within 2 years of passing Part 1. If it is not passed, the whole Qualifying Examination has to be retaken.
- If a candidate has passed Part 2, they may be granted a trainee licence. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.
- 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.
- When making its Decision, 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.
Factual Background to the Appeal
- The Appellant had not previously been on the Register of Approved Driving Instructors.
- The Appellant passed Part 1 of the Qualifying Examination on 13th June 2023 and Part 2 on 7th September 2023.
- The Appellant was in receipt of a trainee licence which was initially valid from 23rd October 2023 to 22nd March 2024 and was later extended, by the Respondent, to 22nd October 2024.
- The Appellant failed the first attempt at the Part 3 test on 16th July 2024.
- On 11th October 2024 the Appellant applied for a third trainee licence. This application was therefore made before the expiry of the second trainee license.
- On 29th October 2024 the Appellant was informed, by the Registrar, that he was considering refusing the application and invited to make representations.
- The Appellant made representations to the Registrar on 9th November 2024.
- The application was refused on 18th November 2024.
- The reasons for the Registrar's decision, in summary:
a. No evidence had been provided of lack of pupils or practice time;
b. The Appellant had already been granted two trainee licenses, which gave him adequate time to gain sufficient experience to pass the Part 3 test.
- The Appellant failed his second attempt at the Part 3 test on 21st November 2024. According to the Registrar, as at 16th January 2024, the Appellant had a Part 3 test on hold, awaiting an available date.
Appeal to the Tribunal
- The Appellant filed an appeal against the decision of the Respondent on 29th November 2024.
- The grounds of appeal were, in summary, that:
a. The Appellant had not been able to fully utilise previous test attempts due to uncontrollable circumstances. These were snowy conditions on the day of his first test and a family medical emergency on the day of the second;
b. Leasing, insuring ; maintaining a suitable car would be impossible without the ability to charge students for lessons and without doing so the Appellant would not have a student available to take a part 3 test;
c. The purpose of the training process is to enable candidates to attempt all three tests under normal conditions. This was not available to the Appellant owing to delays in accessing part 3 tests;
d. Owing to delays in the system the Appellant has found the process extremely stressful and that has taken a toll on his overall wellbeing;
e. The appellant is committed to the process, having undertaken additional training.
- The Registrar, in his response, states:
a. 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;
b. the licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction. This provides a very reasonable period in which to reach the qualifying standard in the examination and in particular, to obtain any necessary practical experience in tuition. The Appellant has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal;
c. since passing his driving ability test the Appellant has failed the instructional ability test twice. Regrettably, DVSA cancelled one such test booked for 23 May 2024. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor;
d. the refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.
e. It should be noted [as at 16th January 2024] that the Appellant had a final attempt at the instructional ability test on hold – awaiting an available date.
Evidence
- I read and took account of a bundle of documents.
- As the Appellant did not attend the hearing, I was unable to take any evidence from him.
Discussion and Conclusions
- I may overturn the decision of the Registrar if I am of the opinion that it was wrong. The burden is on the Appellant to show this.
- Given that the Appellant chose not to attend the hearing there was nothing to be added to the information contained in his GRC1 appeal form and I was, therefore, unable to obtain any further information from him which might have allowed me to determine that the Registrar's decision was wrong.
- I do not have any further information as whether the third Part 3 test, which was on hold on 16th January, has now been attempted. If it has, this Tribunal would have no power to grant the Appeal.
- Having weighed all matters in the balance, the Appellant has not persuaded me that the Registrar's decision was wrong in any way. In all the circumstances, I agree with the Registrar's decision and the appeal is dismissed.
Signed: Judge Sanger
Date: 23rd June 2025