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First-tier Tribunal (General Regulatory Chamber)
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Wright v Registrar of Approved Driving Instructors [2025] UKFTT 529 (GRC) (14 May 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/529.html
Cite as:
[2025] UKFTT 529 (GRC)
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Neutral Citation Number: [2025] UKFTT 529 (GRC) |
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Case Reference: FT/D/2024/0951 |
First-tier Tribunal
(General Regulatory Chamber)
Transport
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Decision Given On: 14 May 2025 |
B e f o r e :
TRIBUNAL JUDGE SHENAZ MUZAFFER
____________________
Between:
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TIMOTHY ERNEST WRIGHT
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Appellant
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- and -
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THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
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Respondent
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____________________
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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 31 October 2024 to refuse to grant the Appellant a third trainee licence.
- A hearing took place via CVP on Tuesday 13 May 2025. The Appellant represented himself. The Respondent did not attend. I was satisfied that the Respondent was notified of the hearing and that it was in the interests of justice to proceed with the hearing in the absence of 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 section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
5. A licence under section 129 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 of (i) the written examination (Part 1); (ii) the driving ability and fitness test (Part 2); and (iii) the instructional ability and fitness test (Part 3). Three attempts are permitted for each Part. The whole examination must be completed within two years of the applicant passing Part 1, otherwise the whole examination has to be retaken.
- A candidate may be granted a trainee licence if they have passed Parts 1 and 2 and meet the conditions outlined in section 129(2) of the Road Traffic Act 1988. However, it is not necessary to hold a trainee licence in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.
- The powers of the Tribunal in determining this appeal are set out in section 131 of the Road Traffic Act 1988. The Tribunal may make such order as it thinks fit (section 131(3)). In determining the appeal, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence that is available to it. In doing so, the Tribunal gives 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 on the balance of probabilities.
Factual background to the appeal
- The Appellant passed Part 1 of the Qualifying Examination on 14 August 2023. He passed Part 2 on 18 September 2023. He cancelled his Part 3 test on 10 January 2024. His next Part 3 test was cancelled by the DVSA on 30 May 2024. The Appellant failed his Part 3 test on 26 July 2024 and again on 15 November 2024. He cancelled his Part 3 test on 30 January 2025 and again on 12 March 2025.
- The Appellant is now scheduled to take his final attempt at the Part 3 test on 19 June 2025.
- The Appellant was granted his first trainee licence on 09 October 2023, which was valid until 08 April 2024. He was granted her second trainee licence on 09 April 2024, which was valid until 08 October 2024.
- The Appellant applied for his third trainee licence on 01 October 2024, with a request that it commence on 07 October 2024.
- As the Appellant applied for his third trainee licence before the second trainee licence expired, the previous licence will remain in force until the determination of this appeal. Therefore at the date of the hearing, the Appellant has been the beneficiary of a trainee licence for approximately nineteen months in total.
- The reasons for the Registrar's decision, in summary, were that the Appellant had provided no evidence of a lack of pupils or lost training, and that he appeared to be using his licence as a source of income. In addition, he had already been granted two trainee licences which was considered to be a more than adequate period of time to gain sufficient experience to pass Part 3.
Appeal to the Tribunal
- The grounds of Appeal are, in summary:
i. The Appellant had immediately applied for a date for his Part 3 test on receipt of his first trainee licence, but the first opportunity to take the test was nine months later;
ii. The Appellant was previously an ADI and is reliant on his trainee licence for earning an income whilst training. The granting of a third trainee licence would enable the Appellant further time to pass his Part 3 whilst still providing an income to support his family.
- In his response, the Registrar states:
i. 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;
ii. 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 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.
iii. Since passing his driving ability test, the Appellant has failed the instructional ability test twice and cancelled three more such tests booked for 10 January 2024, 30 January 2025 and 12 March 2025. The DVSA also cancelled one such test booked for 30 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; and
iv. 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 such tuition). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.
Evidence
- I read and took account of a bundle of document (35 pages). I also heard evidence from the Appellant.
- The Appellant highlighted that, contrary to paragraph 2 of the statement of the Registrar, he had previously been an Approved Driving Instructor, which I accept. He stated that having to redo his training had impacted on his confidence.
- The Appellant stated that he had cancelled the test in January 2024 because he wanted to undertake additional instruction. He had cancelled the subsequent two tests because of ill-health. He was continuing to undertake training and advice from other trainers.
Discussion and conclusions
- I have considered carefully all of the evidence before me.
- Whilst I accept that the DVSA cancelled one of the Appellant's Part 3 tests, I note that the Appellant has been successful in booking three further tests since August 2024. I also note that, whilst he has stated that the first opportunity to take his Part 3 test was in July 2024, he did in fact cancel a Part 3 test in January 2024.
- The Appellant has cancelled three Part 3 tests, with the most recent cancellation being in March 2025. Whilst there are no doubt legitimate reasons for cancelling those tests, this has clearly contributed to the time that it has taken to for the Appellant to have full opportunity to take and pass his Part 3 test.
- In addition, I note that the Appellant has already had the benefit of two trainee licences covering a period of twelve months. This should have been adequate time to prepare and acquire practical experience in driving motor cars. Further I note that the Appellant has had the benefit of a further period of seven months up until the date of the hearing.
- The overall period in which the Appellant has been able to give driving instruction should have provided a reasonable opportunity to obtain the practical experience envisaged by the Road Traffic Act 1988.
- The Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence.
- The trainee licence is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken. It is also not the purpose of trainee licences to provide a source of income – the purpose, as set out in section 129 of the Road Traffic Act 1988, is to enable a person to acquire practical experience in giving instruction in the driving of motor vehicles with a view to undergoing Part 3 of the test.
- 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 of the circumstances, I agree with the Registrar's decision and the appeal is dismissed.
Signed: Judge Shenaz Muzaffer
Dated: 13 May 2025