First-tier Tribunal (General Regulatory Chamber)

Neutral citation number: [2025] UKFTT 208 (GRC)

 Case Reference: FT/D/2024/0623

First-tier Tribunal

(General Regulatory Chamber)

Transport

Heard by Cloud Video Platform

Heard on: 27 January 2025

Decision given on: 19 February 2025

Before

 

JUDGE MATON

 

Between

 

DANIEL DAVID ANDREW WOOLVIN

Appellant

and

 

THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS

Respondent

Representation:

For the Appellant: in person

For the Respondent: not represented

 

Decision: The appeal is Dismissed.

 

REASONS

 

1.      This is an Appeal against the decision of the Registrar dated 12 July 2024 that the Appellant should not be granted a third trainee licence.

2.      The Tribunal received and considered a bundle of documents, and the Appellant attended an oral hearing by Cloud Video Platform.

3.      The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences. 

4.      By rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, a hearing can proceed in the absence of a party if the Tribunal is satisfied that the party had notice of the hearing and that it is in the interests of justice to proceed.

5.      I am satisfied that these requirements were met in this case, and that this was a fair and just way to decide the Appeal.

Relevant law

6.      The grant of a trainee licence enables applicants to provide driving instruction for payment before they are qualified.

7.      A trainee licence may be granted in the circumstances set out in s129 of the Road Traffic Act 1988 ("the Act") and the Motor Cars (Driving Instruction) Regulations 2005.

8.      A licence under s129(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."

9.      In order to qualify as for registration as an approved driving instructor, applicants must pass the Qualifying Examination. This comprises: a written examination ("Part 1"); a driving ability and fitness test ("Part 2"); and an instructional ability and fitness test ("Part 3").

10.  Three attempts are permitted at each part. The whole examination must be completed within two years of passing Part 1, failing which the whole examination has to be retaken.

11.  The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an approved driving instructor without having held a trainee licence.  Under s129(2) of the Act, the Registrar must grant a licence to an applicant who fulfils specified conditions, including that they have passed Parts 1 and 2. Under s129(3) the Registrar has discretion to refuse an application for a second or subsequent licence.

12.  Under s129(6)(b), where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence will not expire if the Registrar decides to refuse the application, until the time limit for an appeal against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

13.  The powers of the Tribunal in relation to appeals against decisions not to grant trainee licences are set out in s131 of the Act. When making a decision on any such appeal, 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.

Background

14.  The Appellant was granted a two consecutive trainee licences valid from 10 July 2023 to 9 July 2024.

15.  The Appellant applied for a further trainee licence on 11 June 2024, and in an email dated 13 June 2024 the Registrar advised that he was considering refusing the application, and invited the Appellant to make representations regarding this. The Appellant made representations in an email dated 17 June 2024. The Registrar wrote to the Appellant by email dated 12 July 2024, refusing the application.

16.  The Appellant appealed to the Tribunal.

The Appeal

17.  The Appellant submits that:

a.      having attempted Part 3 once, he has been unable to arrange further attempts due to a lack of available test slots; and

b.      not having a licence will prevent him teaching students and will impact him financially, and will restrict his ability to prepare for further Part 3 attempts.

18.  The Registrar submits that:

a.      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;

b.      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; that 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; moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence remained in force and would allow him to continue to give paid instruction until determination of the Appeal;

c.       since passing his driving ability test the Appellant had failed the instructional ability test once and cancelled a further booking; and that despite ample time and opportunity, the Appellant had not been able to reach the required standard for qualification as an approved driving instructor;

d.     the refusal of a third licence does not bar the Appellant from attempting Part 3; 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; and that alternatives are available to acquire registration without obtaining a licence.

19.  The Registrar noted at the time of filing his Response to the Appeal dated 9 September 2024 that the Appellant had a further Part 3 attempt booked for 28 November 2024.

Discussion

20.  The Appellant submits that the availability of Part 3 tests was poor throughout his training. 

21.  The Appellant cancelled one booked test. He explained that this was due to a minor collision involving his car which meant that he was unable to proceed.

22.  In relation to his attempt booked for 28 November 2024, the Appellant said that he had been forced to cancel this as he did not have a student available in the booked time slot.

23.  The Registrar acknowledges that the Driver and Vehicle Standards Agency had cancelled another booked test. The Appellant understands that this was due to unavailability of examiners.

24.  The Appellant did not suggest that his training time had been limited during the period for which he has held a trainee licence.

25.  By the time of the hearing more than two years had passed since the Appellant passed his Part 1 test, on 6 December 2022, and accordingly he would in any event need to restart the qualification process in order to have his name entered on the register.

Conclusion and decision

26.  Having considered the matters set out above, I find that, although the Appellant had difficulty securing attempts at Part 3 during the two years following passing his Part 1 test, this does not outweigh the Registrar's reasons for refusing the Appellant a third trainee licence.

27.  Accordingly, I am not persuaded that the Registrar's decision was wrong, and I dismiss the Appeal.

 

Signed                                                                                  Date:

Tribunal Judge Maton                                                       17 February 2025