Helen Kynnersley v Registrar of Approved Driving Instructors

Neutral citation number: [2026] UKFTT 00719 (GRC) Case Reference: FT/D/2025/1458 First-tier Tribunal (General Regulatory Chamber) Transport Heard by Cloud Video Platform Heard on: 12 May 2026 Decision given on: 20 May 2026 Before JUDGE TAFT Between HELEN KYNNERSLEY 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 Kynnersley was able to attend. The Respondent has indicated that it 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 Kynnersley is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (“the Act”) for two six-month periods. She was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 8 December 2025. Ms Kynnersley 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”). 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. Regulation 3(4)(c) of The Motor Cars (Driving Instruction) Regulations 2005 confirms that the applicant must have applied to take the Part 3 test they ultimately pass within two years of passing the Part 1 test.

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 Kynnersley. The Decision

9. On 11 November 2025 the Registrar informed Ms Kynnersley that he was considering refusing her application for a third trainee licence. Ms Kynnersley made representations on 19 November 2025 that: 9.1 During her first trainee licence period, she had a non-fault road traffic accident which left her vehicle off the road, and students found the hire vehicle she was given difficult to drive so cancelled lessons; 9.2 Her first attempt at the test was therefore postponed; 9.3 During the same period, her trainer was ill for several weeks; and 9.4 She was only able to sit two tests during the second licence period and was on hold for a third test.

10. On 8 December 2025, the Registrar notified Ms Kynnersley that he refused her application for a third trainee licence. The notice of refusal states the reasons for the refusal as: 10.1. The evidence provided of car related issues predated the current licence period; 10.2. Ms Kynnersley had not provided any evidence of lost training time during the current licence period; 10.3. Ms Kynnersley had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time; and 10.4. 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 Kynnersley’s notice of appeal dated 16 December 2025 relies on the following grounds as reasons for the appeal: 11.1 During her first trainee licence period, she had a non-fault road traffic accident which left her vehicle off the road, and the hire vehicle she was given was not suitable for a Part 3 test; 11.2 During the same period, her trainer was ill for several weeks so she was unable to prepare for the test; 11.3 Whilst she was able to resume training during her second licence period, she was only able to sit two tests due to DVSA delays and limited availability; and 11.4 Of ten students she has taken to a practical driving test, nine have passed, which demonstrates that she can provide effective and safe instruction.

12. The Registrar’s statement of case dated 4 March 2026 resists the appeal. The Registrar states that: 12.1. The car related issues were before the current licence period. 12.2. Ms Kynnersley has not provided any evidence of lost training time during the current licence period. 12.3. 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. 12.4. 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. Ms Kynnersley was given two trainee licences totalling twelve months. Moreover, by virtue of Ms Kynnersley having applied for a third licence before the expiry date of the first, that licence has remained in force to the present time and will allow her to continue to give paid instruction until determination of the appeal. 12.5. Since passing her driving ability test Ms Kynnersley has failed the instructional ability test twice and cancelled a test booked for 10 March 2025. Despite ample time and opportunity Ms Kynnersley has not been able to reach the required standard for qualification as an Approved Driving Instructor. 12.6. The refusal of a third licence does not bar Ms Kynnersley 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 Kynnersley 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. 12.7. Ms Kynnersley has a third test booked for 28 May 2026. If that goes ahead, she can no longer benefit from a trainee licence as they are only issued in order to prepare for a test. The evidence

13. I considered a bundle of evidence containing 27 pages, including Ms Kynnersley’s full trainee licence history from the Registrar.

14. In submissions, Ms Kynnersley confirmed that she had cancelled the test on 10 March 2025 because her car was off the road and because her trainer was ill, meaning that she could not properly prepare for that test. She further confirmed that the combined disruption of the car being off the road and her trainer’s illness (both of which were outside her control) affected her ability to prepare for the later tests. She then had a prolonged period waiting for a third attempt at the test: she had applied soon after failing her second attempt in September 2025 but was not offered a date until 28 May 2026 despite multiple chasers and asking to be on hold at two test centres. Findings of Fact

15. Ms Kynnersley passed her Part 1 test on 3 October 2024 and Part 2 test on 17 October 2024. Ms Kynnersley’s first trainee licence was granted on 18 November 2024 for a period of six months. On 20 February 2025, Ms Kynnersley was involved in a road traffic accident for which the other driver’s insurer accepted liability. She was provided with a hire vehicle between 21 February and 17 March 2025. Students did not find this vehicle suitable and so cancelled lessons, affecting the practical experience the trainee licence was designed to allow her to obtain. Her trainer was unable to provide training between 18 February and 5 May 2025 due to illness. She cancelled a test scheduled for 10 March 2025 because she was not able to prepare properly for these reasons.

16. Ms Kynnersley’s second trainee licence was due to expire on 17 November 2025. During the period of that second licence, Ms Kynnersley failed two attempts at the test on 23 May and 15 September 2025. Her ability to prepare for these tests was impacted by the disruption she had experienced due to the road traffic accident and her trainer’s illness. She then applied for a third attempt at the test as long ago as September 2025 but was not offered a date until 28 May 2026. Conclusions

17. I considered Ms Kynnersley’s points of appeal.

18. 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.

19. Ms Kynnersley has already had the benefit of two trainee licences covering a period of twelve months from 18 November 2024 to 17 November 2025. Additionally, by applying for a third trainee licence Ms Kynnersley has had the benefit of Section 129(6)(b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a period of almost six months).

20. However, the Registrar’s decision did not engage with the fact relied upon by Ms Kynnersley – that delays in offering her a test date have prevented her from having three attempts at the test within her second trainee licence period. This is not a case of an ADI cancelling tests but the DVSA failing to offer a date. The six months’ duration of the trainee licence is only a reasonable period in which to pass the Part 3 test if a test date is available within a reasonable period of time after booking.

21. The Registrar’s decision was therefore wrong because it did not take into account the delays Ms Kynnersley has experienced in booking her third attempt at the test. Nevertheless, it would not be appropriate to grant a further full six months given the automatic extension she has received whilst waiting for this appeal to be heard. Ms Kynnersley acknowledges this and indicated that she was only looking for an extension to allow her to prepare for the test on 28 May 2026. I therefore notify the Registrar that he must inform Ms Kynnersley that he will grant her a third trainee licence to expire on 28 May 2026. SignedDate: 12 May 2026 Judge Taft