FT/D/2025/0379 - [2025] UKFTT 01322 (GRC)

The Appellant’s hip injury means that he has to take longer breaks between lessons and this limits the number of pupils he can complete in a day. His condition is a disability under the Equality Act and he is entitled to reasonable adjustments.

There have been delays in the testing process. On 18 March 2024 he booked the first test available which was 8 May 2024. On 18 April 2024 this was cancelled by the DVSA and rearranged for 9 July 2024. Due to financial difficulties because of not working due to his hip injury and childcare over the summer, he was unable to book his second test until 11 September 2024 when the first available slot was 12 December 2024. He booked his final test in early January 2025 and was informed that the final test was scheduled after the expiry of his licence.

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.

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. The Applicant has already had two licences which cover a period of 12 months. 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 him to continue to give paid instruction until determination of the appeal.

Since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled two more tests. 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. 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 this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.