First-tier Tribunal (General Regulatory Chamber)

Neutral citation number: [2025] UKFTT 382 (GRC)

Case Reference: FT/D/2024/1056

First-tier Tribunal

(General Regulatory Chamber)

Transport

 

Decided without a hearing

Decision given on: 1 March 2025

Before

 

JUDGE NEVILLE

JUDGE DWYER

 

Between

 

HASSAN SULTAN MUHAMMAD MUHAMMAD

Appellant

and

 

REGISTRAR OF APPROVED DRIVING INSTRUCTORS

Respondent

 

Decision: The appeal is Allowed.

 

Substituted Decision Notice: The Appellant is granted a third trainee licence from 13 November 2024 to 12 May 2025.

 

REASONS

 

1.      This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made on 14 November 2024 to refuse to grant the Appellant a third trainee licence.

 

2.      The Appellant is a trainee driving instructor who has previously been granted two trainee licences under section 129 of the Road Traffic Act 1988 (the "Act"). These licences ran between 13 November 2023 and 12 November 2024. The Appellant applied for a third trainee licence on 22 October 2022. This application was refused by the Registrar on 14 November 2024. The Appellant now appeals the Registrar's decision.

 

3.      Each party gave consent for the appeal to be decided without a hearing. The Tribunal had the benefit of the Respondent's response, reasons for the Appeal and supporting evidence from the Appellant.  We did not consider that further information was required from either party in order to make an informed decision. We were therefore satisfied that we could properly determine the issues without a hearing in accordance with Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

The law

4.      The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005.

 

5.      In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the instructional ability and fitness test (Part 3). Three attempts are permitted at each part. The Part 3 test must be booked within two years of passing Part 1, otherwise the whole examination has to be retaken.

 

6.      A licence under section 129(1) 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".  The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.

 

7.      A candidate may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to take the Part 3 test or qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

 

8.      The powers of the Tribunal in determining this appeal are set out in section 131 of the Act. The Tribunal may make such order as it thinks fit (section 131(3)). The Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available to it, giving 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 evidence

9.      We have considered a bundle of evidence containing 36 numbered pages. Whilst reference is not made to each individual piece of evidence considered in this decision notice, we have carefully considered all of the evidence in the hearing bundle.

 

10.  That respondent submits that the reasons for refusal are that 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 reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience in tuition. The Appellant has already had two trainee licences which cover a period of 12 months. Since passing their driving ability test, the Appellant has failed the instructional ability test twice and cancelled one more test booked for 27 November 2024. A third Part 3 test was at the time of the appeal booked awaiting an available date.

 

11.  Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor.  The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. 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 this).

 

12.  The appellant submits that they cancelled their test in November 2024, due to them wife becoming seriously ill in August 2024 and them having to care for their 18 month old son.  They travelled to Saudi Arabia for Pilgrimage as part of a spiritual support and comfort for their wife.  Medical evidence and flight details were provided to the Tribunal to support these submissions.  Therefore, we accept that from the time of the second Part 3 test in August 2024 and the third test cancelled in November 2024, the Appellant was experiencing difficult and exceptional personal circumstances that prevented them from undertaking paid experience of instruction.

 

13.  We do not know at the date of decision whether a third Part 3 test date has now been provided to the Appellant or whether this has now been taken. However, whilst we accept that the matters are finely balanced and trainee licences are not required in order to take a Part 3 test, we have concluded that the specific personal circumstances from August 2024 should have tipped the balance in granting a third trainee licence and the Registrar's decision to refuse to grant a third trainee licence in November 2024 was wrong.

 

14.  We note that the Appellant has had the benefit of a continuing licence running from the refusal in November 2024 to the date of this hearing of the appeal.  A further third licence being granted from November 2024 would have given the Appellant until 12 May 2025 to practice for a third Part 3 test.  We also note that the Appellant only has until 1 June 2025 to pass any third Part 3 test, as this must be completed within 2 years of the successful Part 1 test which was on 01 June 2023.  Therefore, we do not propose to extend the licence beyond an initial 6 months from the date of application, as if the Appellant either fails a third booked Part 3 test, or does not complete this by June 2025, they are no longer eligible to take any further Part 3 tests.

 

15.  The appeal is therefore allowed and the Appellant is granted a third trainee licence from 13 November 2024 to 12 May 2025.

 

Signed       Judge Dwyer                                                                          Date: 27/03/2025