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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Bell v Registrar of Approved Driving Instructors (Re Transport) [2024] UKFTT 534 (GRC) (20 June 2024) URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2024/534.html Cite as: [2024] UKFTT 534 (GRC)

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First-tier Tribunal
General Regulatory Chamber
Transport

		Determined on the papers
		20th June 2024

Decision: The appeal is dismissed, with immediate effect.

REASONS

Background to Appeal

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made 14^th December 2023 to refuse to grant the Appellant a second trainee licence.
2. The Appellant is a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988^[1] ('the Act') for a six-month period, but was refused a further licence at the end of the relevant period.
3. The Registrar's reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a second trainee licence was therefore refused.
4. The Appellant now appeals the Registrar's decision.

Appeal to the Tribunal

5. The Appellant's Notice of Appeal, 27^th December 2023, indicates he struggled to find pupils to further his training in the first weeks of being licensed. After that he had repeated car issues that restricted his ability to train.
6. The Registrar provided a response indicating that in his view the Appellant had had long enough to train and that no basis was shown to grant a third licence. The Appellant had been licensed since May 2023.

Mode of Determination

7. The Appeal was listed for oral determination to be heard via the CVP system.
8. The Appellant indicated on the morning of the hearing that he was not going to be able to attend the hearing, but appreciated that the hearing would continue in his absence.
9. The Tribunal gave consideration to his position, and as fully argued applications had been made, the Appellant knew the case would continue in his absence, it seemed in all parties interest to determine the case as soon as possible. The Respondent had made its position clear and there seemed little point hearing the same repeated, so the Tribunal determined in accordance with the Tribunal Rules that it was right and fair to make a decision on the papers.
10. The Tribunal considered a bundle of evidence containing 27 pages.

The Law

11. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in s. 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005^[2].
12. 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 '.

13. In order to qualify as an Approved Driving Instructor, 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 has to be retaken.
14. If a candidate has passed part 2, they may be granted a trainee licence. However, holding a trainee licence is not a prerequisite to qualification as an Approved Driving Instructor and many people qualify as an Approved Driving Instructor without having held a trainee licence.
15. The powers of the Tribunal in determining this appeal are set out in s. 131 of the Act. The Tribunal may make such order as it thinks fit.
16. When making its Decision, the Tribunal stands in the shoes of the Registrar of approved Driving Instructors and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar's decision^[3] 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.

Conclusion

17. The Tribunal considered carefully all the papers before it.
18. In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant has indicated he was without a car for a little while and there were some issues finding the right kind of pupils, but little that suggests a sustained loss of training opportunity.
19. In total now the Appellant has been licensed for 13 months. He has had sufficient time to pass his Part 3, even allowing for the issues raised. The appeal must fail, there is no arguable basis for a further licence to be granted.
20. The Appellant is still able to attempt his Part 3 if he wishes to, and the Tribunal him well if he so chooses.
21. Appeal dismissed with immediate effect.

(Signed)

HHJ David Dixon

DATE: 20^th June 2024

Note 1   http://www.legislation.gov.uk/ukpga/1988/52/part/V/crossheading/licences     [Back]

Note 2   http://www.legislation.gov.uk/uksi/2005/1902/pdfs/uksi_20051902_en.pdf     [Back]

Note 3   See R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31. http://www.bailii.org/ew/cases/EWCA/Civ/2011/31.html. Approved by the Supreme Court in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 at paragraph 45 – see https://www.supremecourt.uk/cases/docs/uksc-2015-0126-judgment.pdf.    [Back]