Andrew Lunn v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 31 July 2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is a trainee driving instructor who has previously been granted two trainee licences under section 129 of the Road Traffic Act 1988 (the “Act”). The first and second licences ran consecutively between 20 May 2024 to 19 May 2025. The Appellant applied for a third trainee licence on 5 May 2025. This application was refused by the Registrar on 31 July 2025. The Appellant now appeals the Registrar’s decision.

3. The hearing was listed for determination on the papers, without a hearing. I was satisfied that this was fair and appropriate in the circumstances.

4. The Appeal was brought on 13 August 2025. It was opposed by the Registrar on 11 November 2025. The Registrar’s grounds of resistance noted that the Appellant had his third (and final) attempt to pass the test of instructional ability (known as the “Part 3 test”) booked for 3 December 2025. The law

5. 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 section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 (the “Driving Instruction Regulations”).

6. 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 ”.

7. In order to qualify as an ADI, applicants must pass the Qualifying Examination. This is made up of: 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.

8. The Part 3 test which the trainee must pass to qualify must be booked within two years of passing Part 1, otherwise the whole examination has to be retaken – see r.3(4)(c) and (d) of the Driving Instruction Regulations.

9. A candidate may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

10. 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. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. Discussion and Conclusion

11. On 4 December 2025, the Registrar applied to strike out the appeal on the basis that the Appellant had failed his third and final attempt to pass the Part 3 test on the previous day. Accordingly, pursuant to r.14(b) of the Driving Instruction Regulations, the Appellant’s trainee licence is automatically revoked from the day after their third unsuccessful attempt at the instructional ability test.

12. In light of the proximity of the strike out application to the hearing date, I have decided that it is not appropriate to determine the application under r.8(3)(c) of the Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009 but to deal with the substance of the matter by way of full determination at a hearing on the papers.

13. The stated purpose of the Appellant’s appeal was to allow him to gain a further trainee licence so as to provide paid tuition so as to acquire the necessary skills to pass his Part 3 test. Indeed that is the statutory purpose for which trainee licences are granted.

14. The evidence before the Tribunal, including in the 23 page bundle which I have considered in full, shows that when filing the appeal, the Appellant had already failed the Part 3 test twice. He had a third test booked for 3 December 2025. The Appellant has now failed his final attempt at the Part 3 test. The two year time period from the date the Appellant passed his Part 1 test (4 September 2023) for which the Appellant to book his final attempt at the Part 3 test has also elapsed.

15. Accordingly, in these circumstances, it is not open to the Tribunal to determine that it would be appropriate for the Appellant to be issued with a new trainee licence to be issued.