First-tier Tribunal (General Regulatory Chamber)

Neutral citation number: [2025] UKFTT 515 (GRC)

 Case Reference: FT/D/2024/1084

First-tier Tribunal

(General Regulatory Chamber)

Transport

 

Decided without a hearing

Decision given on: 9 May 2025

Before

 

JUDGE TAFT

 

Between

 

SUNDEEP CHOHAN

Appellant

and

 

REGISTRAR OF APPROVED DRIVING INSTRUCTORS

Respondent

Decision: The appeal is Dismissed

 

 

REASONS

Introduction

1.      The Appellant is a trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the "Act"), initially for one six-month period from 9 October 2023, and then a second licence, which expired on 8 October 2024. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors ('the Registrar') made on 21 November 2024. The Appellant now appeals that decision.

 

2.      The parties have agreed to a paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).

 

Legal Framework

3.      In order to qualify as an Approved Driving Instructor, applicants must pass the 'Qualifying Examination' comprised of three parts: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3').  The whole qualifying examination must be completed within two years of passing Part 1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years. 

 

4.      If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act:

'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.'

 

5.      This is commonly known as a trainee licence. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

 

6.      By section 129(3) of the Act 

"The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued." 

 

7.      By section 129(8)(c) of the Act 

"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."  

 

8.      By section 129(6) of the Act:-

"Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—

(a)until the commencement of the new licence, or

(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of." 

 

9.      Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar's decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give 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 Decision

10.  On 11 October 2024 the Registrar informed the Appellant that he was considering refusing his application for a third trainee licence. The Appellant made representations on 23 October 2024 that he had had one Part 3 attempt in June and was waiting for a further date. He said that he was having difficulty sourcing training and availability of Part 3 tests was scarce in his area. He referred to being "put on hold" in November 2023. He further said that pupil availability is very limited and this was his sole income. He further referred to severe back pain that limited the time he had to train and affected his ability to pay for training.

 

11.  On 21 November 2024, the Registrar notified the Appellant that it refused his application for a third trainee licence. The notice of refusal states the reasons for the refusal as:

a.      The Appellant provided no evidence of lost training time.

b.      The Appellant appears to be using the licence as a source of income.

c.       The Appellant had already been granted two trainee licences totalling twelve months duration which is considered to be a more than adequate period of time.

d.     It was not Parliament's intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.

The Appeal

12.   The Appellant's notice of appeal dated 4 December 2024 relies on the following grounds as reasons for the appeal:

a.      Test availability is few and far between, the Appellant having only been able to have one attempt at Part 3 and waiting for a further test date.

b.      The Appellant had found it difficult to source further training.

c.       The Appellant was "put on hold" in November 2023 and didn't receive a test date until June 2024.

d.     The Appellant was "on hold" again waiting for a test but his licence had lapsed making it impossible to gain further experience.

e.      Pupil availability was limited.

f.        Sufficient time to train was not available.

g.      The Appellant suffers from back pain, which has affected his time to train and affected his ability to pay for training.

 

13.   The Registrar's statement of case dated 1 April 2025 resists the appeal. The Registrar states that:

a.      The Appellant did not provide evidence of lost training time or lack of pupils.

b.      The Appellant appears to be using the trainee licence as a source of income.

c.       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 (para 6(i)).

d.     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. The Appellant has had two licences totalling twelve months. 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 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 (para 6(ii)).

e.      Since passing his driving ability test the Appellant has failed the instructional ability test twice. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (para 6(iii)).

f.        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 her own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all (para 6(iv)).

g.      The Appellant had not yet booked his final attempt at the Part 3 test.

The evidence

14.  The Tribunal considered a bundle of evidence containing 20 pages, including the Appellants full trainee licence history from the registrar.

Tribunal's Findings of Fact

15.  The Appellant passed his Part 1 Test on 10 January 2023 and Part 2 test on 4 August 2023. The Appellant's first trainee licence was granted on 9 October 2023 for a period of six months. He was granted a second licence, which expired on 8 October 2024. He failed his Part 3 Test on 27 June 2024 and 3 February 2025. He had not booked a third attempt by the date of the Registrar's statement of case on 1 April 2025.

Conclusions

16.  The Tribunal considered the Appellant's points of appeal.

 

17.  The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 Test. Trainee licence holders can apply for a suspension of their licence if circumstances prevent them using it to prepare for the Part 3 test. It is not necessary to hold a trainee licence in order to either prepare for or to take the Part 3 test - only to receive payment for providing lessons.

 

18.  The Appellant has already had the benefit of two trainee licences covering a total of twelve months from 9 October 2023 to 8 October 2024. Additionally, by applying for a third trainee licence the Appellant has had the benefit of s.129(6)(b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a period of seven months). Had the third trainee licence been granted this would have expired before the consideration of this Appeal.

 

19.  The Appellant passed his Part 1 test on 10 January 2023 and so the two-year period within which he must have passed both the Part 2 and Part 3 tests expired on 9 January 2025.

 

20.  The Appellant has therefore had the benefit of being able to train by giving instruction for payment for a period exceeding both:

a.      the six-month period for which a third trainee licence would have been granted; and

b.      the fixed statutory maximum period within which he must pass the Part 3 test.

 

21.  The Appellant has now had two attempts at the Part 3 test. He had not booked his third attempt by 9 January 2025. He must now start the process of qualification again with a Part 1 test.

 

22.  The Appellant did not provide any evidence of his back pain affecting his ability to train or pay for training. He further failed to provide evidence of attempts to book tests, source training or find pupils to teach.

 

23.  The Appellant has not therefore discharged his burden of satisfying the Tribunal that the Registrar's decision was wrong. The Tribunal therefore dismisses this appeal.

 

Signed                                                                                  Date: 9 May 2025

                                                                 

Judge Taft