Matthew David Jones v The Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 03 September 2025 to refuse to grant the Appellant a second trainee licence.

2. The Appellant is a trainee driving instructor who was granted a licence under section 129 of the Road Traffic Act 1988 (“ the Act ”). This licence ran for a period of 6 months between 10 February 2025 and 09 August 2025.

3. The Registrar did not attend however the Tribunal has the benefit of the Respondents Response and evidence. We were satisfied the Tribunal could properly determine the case in the absence of the Respondent in accordance with Rule 36 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. We were satisfied the Respondent had been notified of the hearing or that reasonable steps had been taken to notify them of the hearing and it was in the interests of justice to proceed in their absence. The legal framework

4. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which a licence can be granted are set out in section 129 of the Act , and the Motor Cars (Driving Instruction) Regulations 2005.

5. In order to qualify as an Approved Driving Instructor, 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. The Part 2 and Part 3 tests must be successfully completed within two years of passing Part 1 (unless the Part 3 test is booked before expiration of the two years), failing which the whole Qualifying Examination has to be retaken.

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" . The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.

7. An applicant may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to take the Part 3 test or qualify as an Approved Driving Instructor.

8. Pursuant to section 129(6) of the Act “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 shall not expire […] if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of . the Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of”

9. 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) ). When making its decision, 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 Registrars decision was wrong rests with the Appellant. Chronology

10. The Appellant passed Part 1 of the Qualifying Examination on 02 August 2024. The Appellant passed Part 2 of the Qualifying Examination on 13 November 2024. The Appellant applied for a trainee licence which was granted on 10 February 2025 and valid from that date until 09 August 2025.

11. On 25 July 2025, the Appellant applied for a second trainee licence. As the Appellant applied before the first licence expired, this means that at the date of the hearing the Appellant has been the beneficiary of a trainee licence for just under one year.

12. The Appellant took and failed their first attempt at the Part 3 test on 13 November 2025. The Appellant booked their second attempt on 15 November 2025 and was placed on the waiting list. They are still waiting for that test date. Evidence

13. We have considered a bundle of evidence containing an Index and 28 numbered pages, this includes the Appellant’s trainee licence history from the Registrar. Whilst it is our intention to refer only to the relevant facts and evidence necessary to explain our decision the Parties can nevertheless be assured, we have considered all the evidence in the hearing bundle.

14. The Appellant submits that before applying for a second trainee licence they had been placed on hold for a Part 3 test date but had not been provided with a date and it has been through no fault of their own that they were unable to take the test before the expiration of that licence. They submit that gaps in training or practicing teaching will hinder their chance of passing the Part 3 tests. Due to a lack of examiners at their local test centre there is limited availability for tests and this should have been taken into account.

15. In their representations to the Respondent, following notification that the Registrar was considering refusing their application for a second trainee licence they confirmed they had been on hold for a Part 3 test date since 19 May 2025. They explained they had had to take time off to care for their Mother who had been in hospital alongside looking after their partner during pregnancy.

16. The Appellant gave evidence confirming they remain on hold for a Part 3 test second attempt and have been advised that one of the two examiners in their local centre is retiring and therefore test dates are being cancelled. They explained that at the start of their training their partner was at the beginning of a high-risk pregnancy and this meant they had to attend multiple hospital appointments throughout the pregnancy which impacted their ability to train. They also stated that they act as an unpaid carer for their mother who unfortunately suffered two back injuries leading to hospitalisations in June 2025 and September 2025. Again, they submit this impacted on their ability to undertake training. Finally, the Appellant explained that they transferred driving schools in September in order to undertake further training and receive better support. They report this is going well and the new driving school has given them lots of training and support.

17. The Respondent submits that the reasons for refusal are that 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. This provides a very reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience in tuition. Conclusions

18. The refusal of a second trainee licence does not bar the Appellant from attempting the Part 3 test of the Qualifying Examination. The Appellant has already had the benefit of a trainee licence covering a period of six months. The Appellant is currently on hold for a date for a second attempt at the Part 3 test.

19. We accept and are sympathetic to the Appellant’s evidence regarding the difficult personal circumstances they have experienced during their period of training. We also accept that matters are finely balance and there have been nationwide problems with booking tests. However, we have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or lack of pupils.

20. It is not the case that applicants are entitled to continual renewal of trainee licences until they pass their Part 3 test. The six-month period of trainee licences is set on the basis that this provides an adequate period to prepare and it is not necessary to hold a trainee licence in order to prepare for or take the Part 3 test. Further, the Appellant has had the benefit of a continuing licence running from the refusal in September 2025 to the date of this hearing of the appeal; an additional period of almost five months. This should have provided additional time over and above what may have been lost due to their personal circumstances.

21. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on their own (provided that they not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. Trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience, in order to pass the Part 3 test.

22. Therefore, we are not persuaded the Registrar’s decision was wrong. The appeal is therefore dismissed, and the Respondent’s decision of 03 September 2025 is upheld.