Andrew Mark Willis v Registrar of Approved Driving Instructors

Introduction

1. The Appellant is a trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the “Act”), for two six-month periods from 24 June 2024 to 23 June 2025. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 3 July 2025. The Appellant now appeals that decision.

2. The case was listed for a paper hearing. Neither party attended the hearing. Having considered the evidence before me, I was satisfied that the Tribunal could properly determine the issues in the absence of the parties, within rule 36 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).

3. What follows is a summary of the written submissions, evidence and my view of the law. It does not seek to provide every step of my reasoning. The absence of a reference to any specific submission or evidence does not mean it has not been considered. Legal Framework

4. The Appellant's name is not on the Register of Approved Driving Instructors ("the Register") and is therefore prohibited from giving paid driving instructions by section 123 (1) of the Act unless he holds a trainee licence issued by the Registrar pursuant to section 129(1) of the Act.

5. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. A trainee 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.’

6. 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’).

7. The whole qualifying examination must be completed within two years of passing Part 1, and only three attempts are allowed for each Part, failure to comply with either of these requirements results in the whole examination needing to be retaken.

8. If a candidate has passed Part 2, they may be granted 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.

9. 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."

10. 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."

11. 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."

12. The powers of the Tribunal in determining this appeal are set out in s.131 of the Act. The Tribunal may make such order as it thinks fit.

13. 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 Registrar’s decision was wrong rests with the Appellant. The Appeal

14. In the Appellant’s representations to the Registrar (dated 2nd January 2025), the Appellant explains: “I am aware that the purpose of the Trainee Licence is to gain experience to pass Part 3 of the ADI qualification process, and I would like to assure that I am fully committed to achieving this goal, Due to factors beyond my control I have only been able to obtain two Part 3 assessments within a twelve month period despite actively searching for opportunities on the website. I am aware that availability of tests is extremely limited meaning that securing a test slot is difficult, and I have taken each opportunity that has been offered to me when they became available, without cancelling or missing any opportunities, Unfortunately I was narrowly unsuccessful in my second attempt on the 12th of June. I have been actively using my trainee Licence to gain meaningful teaching experience whenever I can, I have fully complied with the conditions of my licence, and I have been closely working with my ORDIT trainer (among others) to develop areas which have been identified during my training and unsuccessfully Part 3 tests, With their continued support and my determination to become best instructor I can be. I am confident that with further experience and opportunity I can meet the standard required to qualify as an ADI. This is a profession I am deeply passionate about (it is very satisfying when a student passes their test knowing that they can safely drive), and I am determined to continue to improve every time I give a lesson’.

15. The Registrar’s decision letter, dated 3 July 2025 states that he has considered the representations made on 21st June 2025, but has refused the application because ‘no evidence was provided of any lost training time’.

16. The Appellant’s notice of appeal dated 11th July 2025 relies on the following grounds of appeal: ‘I have been refused a third Trainee Teaching Licence by the DVSA without having the opportunity to take the test three times. I have done everything I can to find opportunities to take and Pass the ADI part 3 assessment, I have failed the test (narrowly) twice, these are the only opportunities that have been available since I started the process. I have looked as often as practical (to the point of being blocked by the DVSA website on numerous occasions due to the frequency of searching), I have not missed any tests and I have not cancelled any tests. No tests at all become available during my first licence period’.

17. The Registrar’s statement of case dated 18th June 2025 resists the appeal. The Registrar states that: i. 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; ii. 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. The Appellant has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal; iii. since passing his driving ability test the Appellant has failed the instructional ability. (Annex A) Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and iv. the refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. 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. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he 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.

18. I note from the Test History that the Appellant: a. Passed Part 1 on 9th April 2024; b. Passed Part 2 on 23rd May 2024; c. Failed Part 3 on 7th February 2025; d. Failed Part 3 on 12th June 2025; e. Has a Part 3 test booked for 19th December 2025 The evidence

19. I considered a bundle of evidence containing 22 numbered pages, including the Appellants full trainee licence history from the registrar. Conclusions

20. I have considered the Appellant’s points of appeal: a. I accept that the Appellant’s that he was unable to get any Part 3 tests during his first licence, presumably this is why he was granted a second licence. b. The Appellant states he had been trying to find a Part 3 exam during the second licence but has struggled due to the backlog. He failed to reply to the Respondent’s submission that “no evidence was provided of any lost training time”. Nevertheless I are aware that it can be difficult to book a Part 3 test and it is common for the system to take a booking but immediately place it ‘on hold’ without a date being set for the Part 3 Test. However, I also note that the Appellant took and failed the Part 3 Test on 7th February 2025 and 12th June 2025.

21. It is not the case that individuals are entitled to continual renewal of trainee licences until they pass their Part 3 test. The six month period of such licences is set on the basis this is an adequate period to prepare for the Part 3 Test, and it is not necessary to hold a Trainee Licence in order to either prepare for or to take the Part 3 test.

22. I note that the Appellant has already had the benefit of two trainee licences covering a period of twelve months from 24 June 2024 to 23 June 2025. Additionally, by applying for a third trainee licence the Appellant has had the benefit of s.129(6)(b) of the Act extending his trainee licence until this appeal is disposed of (i.e. a period of almost 5 months).

23. I further note that had the third trainee licence been granted this would have expired in December 2025 – so just one month after the conclusion of this hearing. I find it is proportionate in the circumstances to refuse the application, the Appellant has had the benefit of a further 5 months, just by bringing the appeal. As set out above, he is not entitled to a continual renewal of trainee licences until he passes. He has now had several opportunities to take the test and it is not necessary to hold a Trainee Licence in order to either prepare for or to take the Part 3 Test again.

24. I am not persuaded that the Registrar’s decision was wrong. In all the circumstances, I agree with the Registrar’s decision and dismiss this appeal. Signed:Judge KiaiDate: 17th November 2025