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FT/D/2025/0774 - [2025] UKFTT 01310 (GRC)
Fecha: 05-Nov-2025
Section 1
This is an appeal against the decision of the Registrar of Approved Driving Instructors (“the Registrar”), dated 18th July 2025, refusing the Appellant’s application for a second trainee licence.
The parties were agreeable to the determination of this appeal on the papers, that is to say without an oral hearing. I am satisfied, pursuant to Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, that I can properly determine the issues without a hearing.
I have been provided with a 28-page bundle for the purpose of this appeal, containing a number of documents, including the Notice of Appeal and the Appellant’s written representations which were made upon receipt of notification that the Registrar was considering refusing his application for a second licence.
The Appellant was granted his first trainee licence for the period from 30th December 2024 to 29th June 2025. On 23rd June 2025, the Appellant applied for a second licence.
On 26th June 2025, the Registrar notified the Appellant by email that consideration was being given to refusing the application, and they were asked to make written representations in response within 14 days of the date of that email.
The Appellant responded with his initial written representations on the same date, and on the following day, namely 27th June 2025, he provided further written representations, accompanied by copies of his pay slips from May 2025, June 2025 and July 2025, and a signed Instructor Training Declaration form. His representations are summarised as follows:
That being unable to provide instruction until his future test date will negatively impact the experience and momentum he has built over the last 6 months.
That he is presently working a 40-hour week in his current job, which has hindered him in gaining sufficient experience with his trainee licence.
That he has two young children, and his partner is pregnant with a third child, which has additionally impacted upon his ability to make the most of his trainee licence.
That being granted a second trainee licence would greatly help him to gain the necessary experience as a driving instructor.
On 18th July 2025, the Registrar gave the Appellant notice under section 129(4) of the Road Traffic Act 1988 that he was refusing his application for a second trainee licence. The following reasons were given for the Registrar’s refusal of the Appellant’s application for a second licence:
That the Appellant had failed to comply with the conditions of his first licence.
That the Appellant has already been granted one trainee licence of 6 months duration, which is considered to be a more than adequate period of time in which to gain sufficient experience to pass the final part of the ADI qualifying examination.
That it was not Parliament’s intention that candidates should be issued licences for as long as it takes them to pass the examination.
That the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.
That it is not necessary to a hold a trainee licence in order to take the Part 3 test, and the refusal of an application for a licence does not prevent a person from taking the examination.
The Appellant was informed in that notice that he may appeal against the decision to this Tribunal within 14 days from the date of that notification, and that if he did appeal it, his present licence would continue in force until the appeal is decided.
The Appellant’s reasons for his appeal are stated in his Notice of Appeal, dated 25th July 2025, and are summarised as follows:
That a number of factors contributed to him failing to meet the expected outcomes during the period covered by his licence, including the lack of consistent pupil availability at times when he was not working full-time as an NHS employee. The few pupils that he managed to secure were unable to take lessons during his periods of availability, which were typically on occasional weekends.
That although he failed his Part 3 test on 23rd June 2025, he missed the pass score by only two marks, achieving 29 out of 51, and this demonstrates that he has made meaningful progress towards becoming an Approved Driving Instructor.
That he is working with his ORDIT trainer to improve his instructional ability and address the areas of weakness identified during the test.
That he is fully committed to qualifying as an Approved Driving Instructor, and a second trainee licence would enable him to complete his professional development under structure guidance, with increased preparation and availability.
In the Response to the appeal, dated 16th October 2025, the Registrar reiterated the reasons for given in his Notice of 18th July 2025 for refusing the application for a second trainee licence, and made the following additional submissions:
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, providing 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.
By virtue of having applied for a second licence before the expiry of the first, that licence has remained in force to the present time and has permitted the Appellant to continued to give paid instruction until the determination of this appeal.
That the refusal of a second licence does not bar the Appellant from attempting the Part 3 test. He does not need to hold a trainee licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. By way of example, some trainees acquire registration without obtaining any licences at all, and it is open to an individual to attend a training course, or study or practise with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this).
The Appellant has his second attempt at the Part 3 test booked for 12th December 2025.