First-tier Tribunal (General Regulatory Chamber)

First-tier Tribunal
General Regulatory Chamber
Transport

		Determined on the
		29th May 2024

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 12^th January 2024 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 then 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.
4. The Appellant now appeals the Registrar's decision.

Appeal to the Tribunal

5. The Appellant's Notice of Appeal, 23^rd January 2024, indicates that she was having a difficult time being evicted from her home and family issues. The upset and issues caused by both issues have affected her ability to train. She also indicates that there were delays booking tests.
6. She provided details of travelling she has undertaken, and an eviction notice dated 4^th September 2023 that purports to suggest the Appellant should have left her address by 30^th August 2023.
7. 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.
8. The Registrar indicates that the Appellant has failed her Part 3 twice. No new test has been booked.
9. The Registrar indicates the Appellant has been licensed from 21^st November 2022 to date, bar a few weeks in May/June 2023.

Mode of Determination

10. The Tribunal considered the appeal on the papers, the Appellant and Respondent agreeing to such a determination. In accordance with the Tribunal Rules the Tribunal assessed whether it was right and proper to continue on the papers and came to the clear view to do so would be fair to all.
11. The Tribunal considered a bundle of evidence containing 38 pages.

The Law

12. 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].
13. 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 '.

14. 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.
15. 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.
16. 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.
17. 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

18. The Tribunal considered carefully all the papers before it.
19. 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 she has had a difficult time, with eviction and family issues to deal with. I note also that during the second licence a few weeks were lost due to travel abroad. I am not told of the reason for the travel.
20. Whilst the loss of a home and indeed the family issues hinted at will be challenging, here the Appellant has had plenty of time to train to pass her test. She has felt ready on two occasions to attempt the test. I do not believe, even giving allowing time for the issues raised, that further licence time can be justified. Th travel time seems to be a voluntary loss of time and I'm afraid that sort of loss of opportunity is something that is against the Appellant's appeal. The licence period provided was for her to train, losing time to travel is not something the Registrar can or should account for.
21. The Appeal is dismissed. The Appellant has had more than long enough to pass.
22. The Appellant is still able to attempt her Part 3 if she wishes to and the Tribunal wishes her well if she so chooses.

(Signed)

HHJ David Dixon

DATE: 29^th May 2024

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

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

Note 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.    [Back]