Neutral citation number: [2025] UKFTT 440 (GRC)
Case Reference: FT/D/2024/0962
First-tier Tribunal
(General Regulatory Chamber)
Transport
Decided without a hearing
Decision given on: 28 April 2025
Before
JUDGE HARRIS
Between
TOby Andrew shoolbred
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is Dismissed
The decision of the Respondent dated 28 October 2024 is confirmed.
REASONS
1. The appellant appeals against the decision made by the Registrar of Approved Driving Instructors (the respondent) on 28 October 2024 to refuse his application for a third trainee licence. The appeal was listed for determination without a hearing, with the agreement of the parties.
2. The appellant had been granted two trainee licences. They were valid from 9 October 2023 to 8 October 2024. On 24 September 2024 the appellant applied for a third trainee licence.
3. On 25 September 2024 the respondent notified the appellant that consideration was being given to refusing his application. He was invited to make representations.
4. The appellant responded by email on 9 October 2024. He stated that he has experienced difficulties in obtaining a test date.
5. The respondent gave the following reasons for the decision made on 28 October 2024:
a. The appellant provided no evidence to support lack of pupils or training time.
b. The appellant had the benefit of two trainee licences for a period of 12 months, which is considered more than adequate time to gain sufficient experience to pass a Part 3.
c. Parliament's intention was not to licence candidates for as long as it takes them to pass the examination.
d. The trainee licence must not become an alternative to registration as a fully qualified ADI.
e. It is not necessary to hold a trainee licence in order to sit the part 3 examination.
6. The appellant lodged a notice of appeal dated 8 November 2024. In his notice of appeal, the appellant does not explain why he considers that the respondent's decision is wrong. He states that he had to cancel a test date due to a medical emergency, but has experienced delays to obtaining a test date. He advised that he had been offered a part 3 test date for 8 January 2025.
7. The respondent in its response dated 24 February reiterated the above reasons for refusal. In addition, it noted that the appellant had failed the part 3 test once, on 8 January 2025, and had cancelled three more part 3 tests scheduled for 10 April 2024, 31 May 2024 and 28 June 2024. The test record in the hearing bundle records that the appellant also cancelled a part 3 test scheduled for 28 March 2025.
8. The circumstances in which a person may be granted a trainee licence are set out in Section 129 of the Road Traffic Act 1988 (the Act) and the Motor Cars (Driving Instruction) Regulations 2005 (the Regulations).
9. The appellant's right of appeal and the powers of the Tribunal to determine this appeal are set out in s.131 of the Act. The Tribunal will make a fresh decision on the evidence before it and may make such order as it thinks fit.
10. It is for the appellant to show on balance of probabilities that the respondent's decision was wrong.
11. The essence of the respondent's decision is that the appellant has been provided, under his previous two licences, with more than adequate time to sit the required tests to become an ADI. The appellant has already had two trainee licences, and because the application for his third licence was made before the expiry of his second licence, he has had the benefit of a continuing licence while his appeal has been pending, which has been valid for 18 months to date. The appellant can continue to provide instruction, so long as it is without payment, if he considers that he needs further experience before sitting the test. He can also sit the part 3 test without a trainee licence.
12. In reaching its decision, the Tribunal has taken into account all the evidence submitted to it in advance of the hearing and considered all the circumstances relevant to this appeal.
13. In all the circumstances, the Tribunal finds that the appellant has not persuaded it that the Registrar's decision was wrong in any way and accordingly dismisses the appeal.
Signed Judge Harris Date: 22 April 2025