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First-tier Tribunal (General Regulatory Chamber)
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Hogg v Registrar of Approved Driving Instructors [2025] UKFTT 533 (GRC) (14 May 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/533.html
Cite as:
[2025] UKFTT 533 (GRC)
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Neutral Citation Number: [2025] UKFTT 533 (GRC) |
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Case Reference: FT/D/2024/1049 |
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
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WAYNE HOGG
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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 27 November 2024 to refuse to grant the Appellant a second trainee licence.
- The matter was decided on the papers.
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.
- 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 02 February 2024. He failed Part 2 on 15 March 2024. He passed Part 2 on 24 April 2024. He cancelled his Part 3 test on 04 September 2024. The Appellant failed his Part 3 test on 17 December 2024.
- The Appellant is now scheduled to take his second attempt at the Part 3 test on 26 June 2025.
- The Appellant was granted his first trainee licence on 06 May 2024, which was valid until 05 November 2024.
- The Appellant applied for his second trainee licence on 22 October 2024, with a request that it commence on 04 November 2024.
- As the Appellant applied for his second trainee licence before the first trainee licence expired, the previous licence will remain in force until the determination of this appeal. Therefore at the date of determination, the Appellant has been the beneficiary of a trainee licence for twelve months in total.
- The reasons for the Registrar's decision, in summary, were that the Appellant had not complied with the conditions of his first trainee licence. In addition, he had already been granted one trainee licence for a period of six months which was considered to be a more than adequate period of time to gain sufficient experience to pass Part 3 of the examination.
Appeal to the Tribunal
- The ground of Appeal is, in summary:
i. The Appellant contacted the DVSA to book his Part 3 test approximately three months after receiving his first trainee licence. In September, he was offered a test date in December 2024, which was beyond the expiry date of his first trainee licence. The lack of available dates for the Part 3 test has prevented him from undertaking it within the duration of the initial trainee licence.
- 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 second licence before the expiry date of the first, 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 once and cancelled one more such test booked for 04 September 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 second 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 (22 pages).
Discussion and conclusions
- I have considered carefully all of the evidence before me.
- I note that the Appellant stated that he had to wait until December 2024 before he could undertake the Part 3 test for the first time. However, I also note that he cancelled the first booking for his Part 3 test which was scheduled for 04 September 2024. There is no evidence before me as to the reason for that cancellation. The cancelled date fell within the duration of the first trainee licence.
- I note that the Appellant has not complied with the conditions of his first trainee licence. The ADI 21AT Instructor Training Declaration in the bundle shows that the Appellant did not complete the training objectives within the first three months of the licence.
- I note that the Appellant has already had the benefit of a trainee licence covering a period of six months. This should have been adequate time to prepare. The Appellant does not assert that he did not have enough students or that he has lost training time. Further I note that the Appellant has had the benefit for a further period of six months up to the date of this decision.
- 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 license 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 the circumstances, I agree with the Registrar's decision and the appeal is dismissed.
Signed: Judge Shenaz Muzaffer
Dated: 13 May 2025