FT/D/2025/0531 - [2025] UKFTT 01218 (GRC)

All part 2 and 3 tests were cancelled at the relevant Test Centre in January and February 2025 because there was no examiner available.

There are delays in booking tests. There is a wait of at least a month on hold to get a date and the booked date is at least 3 months later. Her first attempt that she booked on hold on 30 September 2024 was booked in for 9 January 2024 but cancelled by the DVSA and rearranged for 25 March 2024. Her second attempt was booked on hold on 25 March 2025 and, at the time of submitting the appeal, she was still waiting for a date.

Without the above the Appellant says she would have been able to take her 2nd attempt.

It is more valuable for trainee driving instructors to have more experience.

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 her to continue to give paid instruction until determination of the appeal.

Since passing her driving ability test the Appellant has failed the instructional ability test twice and cancelled one more test. 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. She does not need to hold a licence for that purpose, nor is it essential for her 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 she 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.