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FT/D/2025/0576 - [2025] UKFTT 01266 (GRC)
Fecha: 24-Oct-2025
The Law
The Law
The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified as an Approved Driving Instructor (‘ADI’). A trainee licence may be granted in the circumstances set out in section 129 of the Road Traffic Act 1988 (‘the Act’) and the Motor Cars (Driving Instruction) Regulations 2005.
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.’
To qualify as an ADI, applicants must pass the Qualifying Examination. This comprises: 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 whole examination must be completed within 2 years of passing Part 1, failing which the whole examination must be retaken.
If a candidate has passed Part 2, they may be granted a trainee licence. However, holding a trainee licence is not necessary in order to qualify as an ADI, and many people qualify without having held a trainee licence.
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.
Findings of Fact
The Appellant passed Part 1 of the Qualifying Examination on 11 October 2023 and passed Part 2 on 23 February 2024. The DVSA cancelled the Appellant’s Part 3 test booked for 19 November 2024. The Appellant failed the Part 3 test on 6 February 2025 and 12 March 2025 and then cancelled the next three tests booked for 18 July 2025, 8 August 2025 and 8 September 2025.
The Appellant is not now and never has been on the Register of Approved Driving Instructors.
Two licences were granted to the Appellant under section 129 of the Act to gain practical experience to assist in passing Part 3 of the Qualifying Examination. The licences were valid from 29 April 2024 to 28 April 2025.
On 19 April 2025 the Appellant applied for a third trainee licence. As the Appellant applied before the existing licence expired, the Appellant has had the benefit of a trainee licence for almost 18 months by the time of the hearing.
By email sent on 23 April 2025 the Registrar notified the Appellant that he was considering refusal of the application for a third trainee licence.
The Appellant sent representations in response on 5 May 2025. They explained that:
They have been trying to become an ADI since 2022.
They tried their best with each attempt.
They are preparing for the Part 3 test whilst having a full-time job as they have sole responsibility for the household expenses.
The Appellant’s wife had to quit her job to look after their child who has a medical condition. They have no family support. The child was hospitalized in December 2024. A copy of the hospital discharge letter is supplied to verify this and that it was an emergency admission. Since then, the child has had a number of hospital and GP visits. Due to their child’s health and pressure upon the family, the Appellant has not been able to spend much time practising for the Part 3 test.
Having considered those representations, the Registrar gave notice to refuse the licence application on 13 May 2025.
In summary, the reasons for the Registrar’s decision were:
The purpose of the provisions governing the issue of licences is to afford applicants opportunity to give instruction to members of the public whilst endeavouring to achieve registration. The trainee licence system must not be used as an alternative to registration as a fully qualified ADI.
A trainee licence is not granted to enable the instructor to teach for however long it takes to pass the examinations. It allows for up to 6 months experience of instruction, which is a very reasonable period to reach the qualifying standard. The Appellant has already had two trainee licences covering a period of 12 months. The second licence has remained in force to the present time and will allow the Appellant to continue to give paid instruction.
Since passing his driving ability test, the Appellant has failed the instructional ability test twice and cancelled three more tests. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an ADI.
The refusal of a third trainee licence does not bar the Appellant attempting the instructional ability test again. A licence is not needed for that purpose.
The Appellant’s grounds of appeal reiterate the points summarised above that were made to the Registrar. They add that:
Due to their child’s hospitalisation and nature of the condition, “less to no lessons were conducted”. Lessons were cancelled and students put on hold. These factors significantly disrupted the Appellant’s ability to gain the necessary teaching experience and to adequately prepare for the final part of the ADI examination.
The Appellant’s goal remains to qualify as an ADI. They are committed to achieving this and ask for a final opportunity, under exceptional circumstances, to complete the necessary preparation under a third trainee licence.