Rebecca Hayden v The Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 14 August 2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is a trainee driving instructor who was granted two trainee licences under section 129 of the Road Traffic Act 1988 (“ the Act ”). These licences ran for a period of 12 months.

3. This case was listed for an oral CVP hearing. Neither party attended the hearing. No reason for non-attendance was provided to the Tribunal and neither party made an application to adjourn. The Tribunal was not expecting the Respondent to attend the hearing as is norm in such cases. The Tribunal has the benefit of the Appellant’s reasons for appeal and the Respondent’s Response. Having reviewed the same, we were satisfied the Tribunal could properly determine the issues in the absence of the parties in accordance with Rule 36 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. We were satisfied the parties had been notified of the hearing and/or that reasonable steps had been taken to notify the parties of the hearing and it was in the interests of justice to proceed. The Legal Framework

4. The grant of a trainee licence enables participants 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 Regulations”).

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. An applicant may be granted a trainee licence if they have passed Part 2. 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. The duration for which licences under section 129 of the Act may be granted is set out in regulation 14 of the Regulations which provides:

14. A licence shall remain in force until – (a) the expiration of a period of 6 months commencing on the date of the grant, or (b) the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt; whichever shall first occur.

8. 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. The appeal

9. Neither party provided a bundle in this appeal, however we have considered the Appellant’s Appeal Form GRC1 and supplementary reasons for appeal and the Respondent’s Response to the appeal. We have further considered the Respondent’s GRC5 application to strike out this appeal lodged with the Tribunal on 09 October 2025. 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.

10. On 09 October 2025 within the application to strike out this appeal, the Respondent notified the Tribunal that the Appellant had failed their third attempt at the Part 3 test on 08 October 2025. By Directions of the Tribunal’s Registrar dated 23 October 2025 the Appellant was given the opportunity to respond to the application to strike out. The Appellant has not provided a response. Conclusions

11. A person who has failed the Part 3 test on three occasion is not permitted to hold a trainee licence. The Respondent has confirmed to the Tribunal that the Appellant has now had three failed attempts at the Part 3 test. The Appellant has been given every opportunity to inform the Tribunal if this is disputed but has not done so. We therefore accept the Respondent’s submission on this point.

12. Parliament has decided that neither the Registrar nor the Tribunal can grant the Appellant a trainee licence in these circumstances. The Appellant’s appeal is therefore dismissed, and the Respondent’s decision of 14 August 2025 is upheld. Signed: Judge Arnell Date: 02 February 2026