British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
First-tier Tribunal (General Regulatory Chamber)
You are here:
BAILII >>
Databases >>
First-tier Tribunal (General Regulatory Chamber) >>
Rowe v Registrar of Approved Driving Instructors [2025] UKFTT 530 (GRC) (14 May 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/530.html
Cite as:
[2025] UKFTT 530 (GRC)
[
New search]
[
Printable PDF version]
[
Help]
|
|
Neutral Citation Number: [2025] UKFTT 530 (GRC) |
|
|
Case Reference: FT/D/2024/0948 |
First-tier Tribunal
(General Regulatory Chamber)
Transport
|
|
|
|
|
Decision Given On: 14 May 2025 |
B e f o r e :
TRIBUNAL JUDGE SHENAZ MUZAFFER
____________________
Between:
|
TERRI ROWE
|
Appellant
|
|
- and -
|
|
|
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
|
Respondent
|
____________________
____________________
HTML VERSION OF DECISION
____________________
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 22 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 herself. 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 08 June 2023. She passed Part 2 on 28 July 2023. The Appellant failed her Part 3 test on 29 February 2024. She cancelled her Part 3 test on 26 April 2024 and again on 26 July 2024. She failed her Part 3 test for the second time on 18 October 2024. She cancelled her Part 3 test for the third time on 20 January 2025.
- The Appellant is now scheduled to take her Part 3 test on 31 July 2025.
- The Appellant was granted her first trainee licence on 30 October 2023, which was valid until 29 April 2024. She was granted her second trainee licence on 30 April 2024, which was valid until 29 October 2024.
- The Appellant applied for her third trainee licence on 11 September 2024, with a request that it commence on 30 October 2024.
- As the Appellant applied for her third trainee licence before the second trainee licence expired, the previous licence will remain in force until the determination of this appeal (section 129(6) of the Road Traffic Act 1988). Therefore at the date of the hearing, the Appellant has been the beneficiary of a trainee licence for over eighteen months.
- The reasons for the Registrar's decision, in summary, were that the Appellant had provided no evidence of lost training and had already been granted two training 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's caring responsibilities for family members and her own health had impacted on the number of students that she had been able to take on;
ii. The Appellant had suffered multiple faults with her franchise car, which directly impacted on her ability to undergo training time in the car;
iii. Owing to financial constraints, the Appellant had not been able to reapply for her Part 3 test until April 2025.
- 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. 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 her to continue to give paid instruction until determination of the appeal.
iii. Since passing her driving ability test, the Appellant has failed the instructional ability test twice and cancelled four more such tests booked for 21 December 2023, 26 April 2024, 26 July 2024 and 20 January 2025. 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. She does not need to hold a licence for that purpose, nor is it essential for her 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 she 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.
Preliminary issue
- The Appellant submitted a form GRC5 to the Tribunal on 08 May 2025. The Appellant is seeking a direction from the Tribunal that will give her "extended rights to teach" until her Part 3 test date. It is not within the power or ambit of the Tribunal to give such a direction, and so the application is refused.
Evidence
- I read and took account of a bundle of document (46 pages). I also took account of two emails sent by the Appellant to the Tribunal on 08 May 2025 and the accompanying documents. I also heard evidence from the Appellant.
- The Appellant explained that she had cancelled her Part 3 test in December 2023 as she had been focused on arranging accommodation for her uncle and had not had sufficient time to obtain students. She had cancelled her Part 3 test in April 2024 because all of her students had been unavailable, and she had not been in the right mindset to sit the test, owing to ongoing family matters. She had been offered the test date in July 2024 at very short-notice, and had cancelled it because she had been unable to get students in time. Her test in January 2025 fell very shortly after the death of her father and hence she had also cancelled that test.
- The Appellant made the booking for her final attempt at the Part 3 test in April 2025.
Discussion and conclusions
- I have considered carefully all of the evidence before me.
- The Appellant has cancelled four Part 3 tests, with the most recent cancellation being in January 2025. Whilst I accept that the reasons for the cancellation of at least two of those tests are linked to the ill-health of close family members and are therefore understandable, she has clearly had ample opportunity to acquire the practical experience required to undertake Part 3 of the 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 over six 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.
- 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