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First-tier Tribunal (General Regulatory Chamber)


You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Miguel v Registrar for Approved Driving Instructors [2025] UKFTT 760 (GRC) (25 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/760.html
Cite as: [2025] UKFTT 760 (GRC)

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Neutral Citation Number: [2025] UKFTT 760 (GRC)
Case Reference: FT.D.2024.1060

First-tier Tribunal
(General Regulatory Chamber)
Transport

Heard remotely by CVP
Decision Given On: 25 June 2025

B e f o r e :

JUDGE SANGER
____________________

Between:
SCOTT MIGUEL
Appellant
- and -

REGISTRAR FOR APPROVED DRIVING INSTRUCTORS
Respondent

____________________


____________________

HTML VERSION OF DECISION
____________________

Crown Copyright ©

    Decision: The appeal is allowed.

    REASONS

    Introduction

  1. This is an appeal against a decision of the Registrar of Approved Driving Instructors ('the Registrar'), made on 21st November 2024, to refuse to grant the Appellant a third trainee licence.
  2. The Appellant appeared at the hearing. The Respondent did not appear and was not represented.
  3. A case management hearing was conducted on 6th June 2025, at which the Respondent was represented. I am therefore satisfied that the Respondent had notice of the hearing. This Tribunal has been notified that the Respondent has made a decision not to attend trainee license appeal hearings for the foreseeable future.
  4. 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.
  5. I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed.
  6. Legal Framework

  7. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.
  8. 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.
  9. 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.'
  10. 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').
  11. Three attempts are permitted at each part. Part 3 must be booked within 2 years of passing Part 1, failing which the whole Qualifying Examination has to be retaken.
  12. 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.
  13. 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.
  14. 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.
  15. The burden of proof in satisfying the Tribunal that the Registrar's decision was wrong rests with the Appellant.
  16. Factual Background to the Appeal

  17. The Appellant had not previously been on the Register of Approved Driving Instructors.
  18. The Appellant passed Part 1 of the Qualifying Examination on 27th June 2023. The Appellant passed Part 2 on 4th September 2023.
  19. The Appellant was in receipt of a first trainee licence, valid from 13th November 2023 to 12th May 2023, and a second trainee license, valid from 13th May 2024 to 12th November 2024.
  20. The Appellant failed his first attempt at the Part 3 test on 11th June 2024.
  21. On 21st October 2024 the Appellant applied for a third trainee licence. This application was therefore made before the expiry of the second trainee license.
  22. On 24th October 2024 the Appellant was informed, by the Respondent, that he was considering refusing the application and invited to make representations.
  23. The Appellant made representations to the Respondent on 31st October 2024. He stated that he had experienced difficulty in obtaining a test date. He had a number of students who he would be letting down should he not be able to continue teaching them, which he would not be able to afford to do free of charge.
  24. The application was refused on 21st November 2024.
  25. The reasons for the Respondent's decision, in summary, were that no evidence of lost practice time had been provided and that the Appellant had had adequate time to prepare for the test.
  26. At the time the Appeal was filed, the Appellant had a further Part 3 test booked on the 4th December 2024. In fact he did not complete this and it was re-booked. He failed his second part 3 attempt on 1st May 2025. According to the DVSA printout in the bundle, the Appellant had a third and final attempt at his Part 3 test booked for 9th July 2025
  27. Appeal to the Tribunal

  28. The Appellant filed an appeal against the decision of the Respondent on 28th November 2024, which was prior to his second failed attempt at the Part 3 test.
  29. The grounds of appeal were, in summary, that:
  30. a. he had a further part 3 test booked on 4th December, shortly after the expiry of the second license;
    b. he was not in a position to teach any further students if he could not do so for reward, due to his driving school franchise fee and running costs;
    c. he had undertaken significant additional training to prepare for the test on 4th December 2024.

  31. The Respondent, in his response, stated:
  32. 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 and failed to complete one more such test booked for 04 December 2024. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and
    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 June 2025] that the Appellant had a final attempt at the part 3 test booked for 9th July 2025.

    Evidence

  33. I read and took account of a bundle of documents.
  34. I heard evidence from the Appellant, who told me that:
  35. a. he had not started the Part 3 test in December 2024 due to mechanical problems with the car and had been allowed to re-book on 9th July 2025;
    b. he changed sponsor (driving school) in May 2025;
    c. the old sponsor had provided him with very limited training opportunities, with the training he received being very poor in quality;
    d. between his Part 2 and Part 3 tests he had been provided with only ten hours of training and between his first and second attempt at Part 3, only five hours. This was despite having asked for additional training;
    e. his account manager at the old sponsor had changed four times in the last 18 months, with the last one having been fired;
    f. with the new provider he had been able to access more training (20 hours over the last 2 weeks) and felt much better prepared for the test.

    Discussion and Conclusions

  36. I may overturn the decision of the Respondent if I am of the opinion that it was wrong. The burden is on the Appellant to show this.
  37. I note that, in the time that has passed since the appeal was filed, the Appellant's circumstances have changed and I am also entitled to take into account matters which were not before the Respondent at the time he made his decision.
  38. I accept the evidence of the Appellant with regard to the difficulties in obtaining good quality training and I accept that he did not realise, until he sat the first test, how ill-prepared he was.
  39. I do query whether the Appellant might have sought out additional training sooner but I am satisfied that he is now working hard to put himself in the best possible position and I am conscious that his final attempt is only two weeks away.
  40. The test on 9th July 2025 will be the Appellant's third and final attempt to pass. So long as the test proceeds, he will either pass the test and be registered or he will fail and be ineligible to book any further attempts.
  41. The Appellant has now changed sponsor, accessed further training at his own cost, and is preparing for his final attempt at the Part 3 test in under three weeks' time. It therefore would feel unjust to prevent him from offering pupils training, with his sponsor organisation, that will ensure that he is as well-prepared as possible.
  42. I allow the appeal accordingly. The trainee license shall be extended until 23rd September 2025 to allow the Appellant to take his test on 9th July and any re-booked test in the event that it is cancelled by DSA.
  43. Signed: Judge Sanger

    Date: 23rd June 2025

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