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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Bennett v Registrar of Approved Driving Instructors [2025] UKFTT 469 (GRC) (30 April 2025) URL: https://www.bailii.org/uk/cases/UKFTT/GRC/2025/469.html Cite as: [2025] UKFTT 469 (GRC)

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First-tier Tribunal
(General Regulatory Chamber)
Transport

		Decided without a hearing
		Decision Given On: 30 April 2025

Decision: The appeal is Dismissed.

REASONS
1. This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made on 26/07/2024 to refuse to grant the Appellant a third trainee licence.
2. The Appellant is a trainee driving instructor who has previously been granted 2 trainee licences under section 129 of the Road Traffic Act 1988 (the "Act"). These licences ran between 19/06/2023 and 18/06/2024. The Appellant applied for a third trainee licence on 28/05/2024. This application was refused by the Registrar on 26/07/2024. The Appellant now appeals the Registrar's decision.
3. The Appellant requested that the appeal be decided without a hearing. The Respondent did not request an oral hearing. The Tribunal had the benefit of the Respondent's response and the reasons for the Appeal from the Appellant. I did not consider that further information was required from either party in order to make an informed decision. I am therefore satisfied that I 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.

6. 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.
7. 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

8. I have considered a bundle of evidence containing 21 pages. Whilst reference is not made to each individual piece of evidence considered in this decision notice, I have carefully considered all of the evidence in the hearing bundle.
9. The appellant submits that not granting a third trainee licence would have significant financial impact. There have been unavoidable interruptions to their training schedule due to the metal stress of moving to a new house. They have now settled into their new home and in a stable position to resume and complete the training. Securing exam dates has been a challenge due to limited availability. They have now secured an exam date on 23/10/2024 and thy are prepared to take the exam on that date. Several new training sessions have been secured to prepare for the upcoming exam.
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 very 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 2 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 07/08/2024. The Part 3 test referred to by the appellant in their appeal submission booked for 23/10/2024 was cancelled by the Appellant. A further Part 3 test was at the time of the appeal response, 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 their own (provided that he does not receive payment of any kind for this).
12. I do not know at the date of this decision whether a final Part 3 test date has now been provided to the Appellant, or whether this has now been taken. However, whilst I accept that the matters are finely balanced and there have been nationwide problems with booking tests, I have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or a lack of pupils and they have had the benefit of 2 trainee licences for 12 months. Despite submitting that they were ready to take the Part 3 test in October 2024, the Appellant cancelled this test after submitting the appeal.
13. I note that the Appellant has had the benefit of a continuing licence running from the refusal in July 2024 to the date of this decision. I also note that the Appellant only had until 17/03/2025 to pass any third Part 3 test, as this must be completed within 2 years of the successful Part 2 test which was on 17/03/2023. Therefore, at the date of this decision, the Appellant is now out of time to complete any Part 3 test. The Appellant has also failed a previous 2 Part 3 tests so only has one final opportunity to pass. If the Appellant has not booked or passed a Part 3 test, they are no longer eligible to take any further Part 3 tests and therefore any further trainee licence granted would have no effect after 17/03/2025.
14. Trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience in order to pass the Part 3 test. Therefore, the Registrar's decision to refuse to grant a second trainee licence in July 2024 was correct.
15. The appeal is therefore dismissed and the Respondent's decision of 26/07/2024 is upheld.

Signed Judge Dwyer

Date: 29/04/2025