Neutral citation number: [2025] UKFTT 518 (GRC)
Case Reference: FT/D/2024/1045
First-tier Tribunal
(General Regulatory Chamber)
Transport
Decided without a hearing
Decision given on: 12 May 2025
Before
JUDGE TAFT
Between
ADAM POTTS
Appellant
and
REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is Dismissed
REASONS
Introduction
1. The Appellant is a trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the "Act"), for a six-month period from 9 October 2023. He was then granted a second trainee licence, which expired on 8 October 2024. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors ('the Registrar') made on 14 November 2024. The Appellant now appeals that decision.
2. The parties have agreed to a paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).
Legal Framework
3. In order to qualify as an Approved Driving Instructor, applicants must pass the 'Qualifying Examination' comprised of three parts: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3'). The whole qualifying examination must be completed within two years of passing Part 1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years.
4. If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act:
'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.'
5. This is commonly known as 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.
6. By section 129(3) of the Act
"The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."
7. By section 129(8)(c) of the Act
"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."
8. By section 129(6) of the Act:-
"Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—
(a)until the commencement of the new licence, or
(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."
9. Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar's decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give 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.
The Decision
10. On 8 October 2024, the Registrar informed the Appellant that he was considering refusing his application for a third trainee licence. The Appellant made representations on 20 October 2024 that:
a. He booked his first test on 28 November 2023 with a first available date of 12 March 2024. He booked his second test on 14 March 2024 with the first available date being 4 September 2024. He booked his third test on 4 September 2024 but this was held.
b. He had changed trainer after he failed his first attempt at the test, which made him realise the training he had had before was inferior, but he was not able to have many lessons with this second trainer before his second attempt at the test.
11. On 14 November 2024, the Registrar notified the Appellant that it refused his application for a third trainee licence. The notice of refusal states the reasons for the refusal as:
a. The Appellant did not provide evidence of lost training time.
b. The Appellant had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time.
c. It was not Parliament's intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.
The Appeal
12. The Appellant's notice of appeal dated 27 November 2024 relies on the following grounds as reasons for the appeal:
a. He waited almost six months for each attempt at the Part 3 test.
b. Without a third licence, he will no longer have access to a vehicle to teach.
c. Without consistent teaching, this will have a negative effect on his ability to pass the test on his third attempt.
13. The Registrar's statement of case dated 16 April 2025 resists the appeal. The Registrar states that:
a. The Appellant did not provide evidence of loss of training time or lack of pupils.
b. 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 (para 6(i)).
c. 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 had the benefit of two trainee licences covering twelve 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 (para 6(ii)).
d. Since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled two more tests booked for 17 December 2024 and 8 April 2025. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (para 6(iii)).
e. 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 her 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 (para 6(iv)).
f. The Appellant had not yet booked his final attempt at the Part 3 test.
The evidence
14. The Tribunal considered a bundle of evidence containing 21 pages, including the Appellants full trainee licence history from the registrar.
Tribunal's Findings of Fact
15. The Appellant passed his Part 1 Test on 12 June 2023 and Part 2 Test on 22 September 2023. The Appellant's first trainee licence was granted on for a six-month period from 9 October 2023. He was then granted a second trainee licence, which expired on 8 October 2024. He failed his Part 3 Test on 12 March 2024 and 4 September 2024. He then cancelled tests scheduled for 17 December 2024 and 8 April 2025. As at 16 April 2025, the Appellant had not booked a further attempt at the Part 3 Test.
Conclusions
16. The Tribunal considered the Appellant's points of appeal.
17. The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 Test. The Appellant has already had the benefit of two trainee licences covering a period of twelve months. Additionally, by applying for a third trainee licence the Appellant has had the benefit of s.129(6)(b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a period of seven months).
18. The Tribunal notes the Appellant's difficulties in arranging test dates and his concerns about the quality of his training. However, he confirms that he had instruction from his second trainer before the test that took place on 4 September 2024. There is no explanation before the Tribunal for his cancelling tests on 17 December 2024 and 8 April 2025, nor failing to book a further test by the date of the Registrar's statement of case on 16 April 2025. He has had the benefit of an extension to his second licence throughout this period.
19. If the Appellant does not book a further test by 11 June 2025, he will need to start the process of qualification again.
20. The Appellant has not discharged his burden of satisfying the Tribunal that the Registrar's decision was wrong. Notwithstanding what the Appellant says about his difficulties receiving training and booking tests, he has now had a trainee licence for over 18 months, which should be a more than adequate extension to the usual six-month period to enable him to obtain the practical experience envisaged by the Act.
21. It is not necessary to hold a trainee licence in order to either prepare for or to take the Part 3 test - only to receive payment for providing lessons. A trainee licence must not become an alternative to qualification by passing the Part 3 test. It was not the intention of Parliament that trainee licences be renewed until all attempts at passing Part 3 have been taken.
22. The Tribunal therefore dismisses this appeal.
Signed Date: 9 May 2025
Judge Taft