Charlotte Jude v Registrar of Approved Driving Instructors

Neutral citation number: [2026] UKFTT 00713 (GRC) Case Reference: FT/D/2025/1394 First-tier Tribunal (General Regulatory Chamber) Transport Heard by Cloud Video Platform Heard on: 12 May 2026 Decision given on: 18 May 2026 Before JUDGE TAFT Between CHARLOTTE JUDE Appellant and REGISTRAR OF APPROVED DRIVING INSTRUCTORS Respondent Representation: For the Appellant: Represented herself For the Respondent: Did not attend Decision: The appeal is Allowed. The Registrar must notify the Appellant that she will be granted a third trainee licence that will expire on 28 May 2026. Mode of hearing:I am satisfied that it was fair and just to conduct the hearing using Cloud Video Platform (CVP). Ms Jude was able to attend. The Respondent has indicated that he does not intend to appear at hearings of this nature for the foreseeable future. I considered Rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended), noted that the Respondent was given notice of the hearing and determined that it was in the interests of justice to proceed. REASONS Introduction

1. Ms Jude is a trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (“the Act”), for a six-month period. She was refused a second trainee licence by a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 6 October 2025. Ms Jude now appeals that decision. Legal Framework

2. In order to qualify as an Approved Driving Instructor, applicants must pass the ‘Qualifying Examination’ comprised of three parts: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’). The whole qualifying examination must be completed within two years of passing Part

1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years.

3. If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act: “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.”

4. This is commonly known as a trainee licence. 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.

5. By section 129(3) of the Act “The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.”

6. By section 129(8)(c) of the Act “before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.”

7. By section 129(6) of the Act:- “Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, 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— (a)until the commencement of the new licence, or (b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.”

8. Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar’s decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give 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 Ms Jude. The Decision

9. On 11 September 2025 the Registrar informed Ms Jude that he was considering refusing her application for a second trainee licence. Ms Jude made representations on 24 September 2025 that: 9.1 she was not aware that she only had six months to complete her training; 9.2 she used five months to prepare for her first attempt at the test and then faced school holidays and paying for childcare, which then had an effect on booking extra training and her next test; and 9.3 she was out of office from 9 August to 1 September and it slipped her mind to apply for a second licence before she went away.

10. On 6 October 2025, the Registrar notified Ms Jude that it refused her application for a second trainee licence. The notice of refusal states the reasons for the refusal as: 10.1. Ms Jude had not complied with the terms of her first licence; 10.2. Ms Jude had already been granted one trainee licence of six months duration which is considered to be a more than adequate period of time; and 10.3. It was not Parliament’s intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor. The Appeal

11. Ms Jude’s notice of appeal dated 20 October 2025 relies on the following grounds as reasons for the appeal: 11.1 Ms Jude had originally intended preparing for her second attempt at the test during the school summer holidays but was unable to do so due to a combination of a breakdown in childcare arrangements and having to care for an elderly relative; 11.2 She suffers from anxiety and found the situation stressful; 11.3 As a result, she forgot to apply for a second licence; 11.4 This has prevented her from giving lessons and her franchisor has asked for return of the car; and 11.5 This has caused financial difficulties and her losing valuable practical driving experience.

12. The Registrar’s statement of case dated 5 March 2026 resists the appeal. The Registrar states that: 12.1. Ms Jude did not comply with the conditions of her first licence because she did not complete her training record within three months, completing only six hours within that time rather than the twenty hours required. 12.2. 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. 12.3. 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 in particular, to obtain any necessary practical experience in tuition. 12.4. Since passing her driving ability test Ms Jude has failed the instructional ability test twice and cancelled a test. Despite ample time and opportunity Ms Jude has not been able to reach the required standard for qualification as an Approved Driving Instructor. 12.5. The refusal of a second licence does not bar Ms Jude from attempting the instructional ability test of the Register examinations. She does not need to hold a licence for that purpose, nor is it essential for her to give professional tuition under licence in order to obtain further training. Ms Jude could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on her own (provided that she does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. 12.6. Ms Jude has a further test booked for 28 May 2026. Should this test go ahead, the appeal is bound to fail because a trainee licence can only be issued to gain practical experience for that test. The evidence

13. I considered a bundle of evidence containing 30 pages, including Ms Jude’s full trainee licence history from the Registrar.

14. In submissions, Ms Jude explained that she was not able to complete her full twenty hours of training during the first three months of her licence because her franchisor did not have availability in that period. She further explained that she had to wait for a test date and that unfortunately after she failed her first attempt on 18 July 2025 she had a lot going on with a combination of childcare difficulties during the school summer holidays and the need to care for her grandmother. It was this difficult period juggling multiple caring responsibilities that meant she neglected to apply for a second licence before the first licence expired. Findings of Fact

15. Ms Jude passed her Part 1 test on 22 April 2024 and Part 2 test on 31 December 2024. Ms Jude’s first trainee licence was granted on 17 February 2025 for a period of six months. Ms Jude’s records of training show she completed six hours on 24 April 2025 and fourteen hours between 12 and 13 June 2025. The delay was due to lack of availability of training with her franchisor. She failed a Part 3 test on 18 July 2025, after which she had multiple caring responsibilities that prevented her from both training and applying to extend her licence. As a result of not benefiting from the extension of the licence period, she has not been able to teach for reward and has therefore lost the benefit of a vehicle via her franchise. Nevertheless, she had a further attempt at the test on 5 December 2025, which she failed. She then scheduled a test for 13 March 2026 but cancelled to allow more time for training. She has another test scheduled for 28 May 2026. Conclusions

16. I considered Ms Jude’s points of appeal.

17. The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 test. Trainee licence holders can apply for a suspension of their licence if circumstances prevent them using it to prepare for the Part 3 test. A trainee licence must not become an alternative to qualification by passing the Part 3 test.

18. Ms Jude has already had the benefit of a trainee licence covering a period of six months from 17 February 2025 to 16 August 2025. However, she does not benefit from an extension of that licence because she did not apply for her second licence until the first licence had already expired.

19. Ms Jude passed her Part 1 test on 22 April 2024 and so the two-year period within which she must have applied for a Part 3 tests has expired. If she does not pass the test on 28 May 2026, she must start the process of qualifying again.

20. The Registrar did not have the benefit of all the information I now have both from Ms Jude’s appeal form and her submissions before me today. With the benefit of that information, I consider that the Registrar’s decision was wrong because it did not take into account the reason why Ms Jude was not able to comply with her licence conditions and the reason why she was not able to pass her Part 3 test within the six months of her first licence.

21. However, it would not be appropriate to grant a second licence for a full six months today because Ms Jude cannot now apply for any more tests: if she does not pass the test scheduled for 28 May 2026, she must start the process of qualification again. I therefore notify the Registrar that he must inform Ms Jude that he will grant a second trainee licence to expire on 28 May 2026. SignedDate: 12 May 2026 Judge Taft