Imran Arif v The Driver and Vehicle Standards Agency

1. Section 123(1) of the Road Traffic Act 1988 (‘the Act’) prohibits the giving of instruction paid for by or in respect of a pupil in the driving of a motor car unless the instructor's name is on the Register of Approved Driving Instructors, or he is the holder of a current licence issued under Section 129(1) of the Act. 2. The Appellant is not now and has never been on the said Register. 3. Two licences under Section 129 of the Act were granted to the Appellant for the purpose of enabling him to gain practical experience to undergo the examination of his ability to give instruction in the driving of motor cars and were valid from 03 April 2023 to 02 April 2024 (D1). 4. On 15 April 2024 the Appellant applied for a third licence (D2). By way of an email dated 01 May 2024 (D3) the Appellant was notified that the Respondent was considering the refusal of his application for a third licence. By way of an email received on 04 May 2024 (D4) the Appellant made representations which were of a confidential nature concerning important childcare issues in his family life. 5. After considering these representations the Respondent decided to refuse the Appellant's application on the grounds that he provided no evidence of lost training time or a lack of pupils and has had the benefit of two trainee licences for twelve months. I gave him notice of my decision in accordance with Section 129(4) of the Act by an email dated 21 May 2024 (D5). 6. The reasons given for refusal were as follows: (i) thepurposeoftheprovisionsgoverningtheissueoflicencesistoaffordapplicantstheopportunityofgivinginstructiontomembersofthepublicwhilstendeavouringtoachieveregistration.Thesystemofissuinglicencesisnotandmustnotbeallowedtobecomeanalternativetothesystemofregistration. (ii) thelicencegrantedtoapplicantsisnottoenabletheinstructortoteachforhoweverlongittakestopasstheexaminations,buttoallowuptosixmonthsexperienceofinstruction.Thisprovidesaveryreasonableperiodinwhichtoreachthequalifyingstandardintheexaminationandinparticular,toobtainanynecessarypracticalexperienceintuition.TheAppellanthasalreadyhadtwotraineelicenceswhichcoveraperiodof12months.Moreover,byvirtueoftheAppellanthavingappliedforathirdlicencebeforetheexpirydateofthesecond,thatlicencehasremainedinforcetothepresenttimeandwillallowhimtocontinuetogivepaidinstructionuntildeterminationoftheappeal; (iii)sincepassinghisdrivingabilitytesttheAppellanthasfailedtheinstructionalabilitytestonceandcancelledonemoresuchtestbookedfor09November2024(AnnexA).Despiteampletimeandopportunity,theAppellanthasnotbeenabletoreachtherequiredstandardforqualificationasanApprovedDrivingInstructor;and (iv)therefusalofathirdlicencedoesnotbartheAppellantfromattemptingtheinstructionalabilitytestoftheRegisterexaminations.Hedoesnotneedtoholdalicenceforthatpurpose,norisitessentialforhimtogiveprofessionaltuitionunderlicenceinordertoobtainfurthertraining.TheAppellantcouldattendatrainingcourse,orstudyandpracticewithanApprovedDrivingInstructororgivetuitiononhisown(providedthathedoesnotreceivepaymentofanykindforthis).Thesealternativesareusedbysometraineeswhoacquireregistrationwithoutobtaininganylicencesatall. 7. ItisnotedthattheAppellanthashissecondattemptattheinstructionalabilitytestbookedonhold,awaitingatestdate which he now confirms to the Tribunal is booked for a test on 11 December 2024. 8. The Appellant appeared before the Tribunal and in essence disputes the assertion that he provided no evidence of lost training time and has produced to the Tribunal some detailed evidence of significant childcare issues for his children. It is not appropriate to provide details of these confidential issues here, but I am satisfied they severely affected his availability fand time for training at a time when he was training for further tests. 9. The Appellant confirmed (as is often the case) that it is extremely difficult to obtain a date for a test, but he is fortunate enough to have been able to book a test for 11 December 2024 and is quite optimistic that he will pass this test. 10. For these reasons I have decided to grant his appeal for an extension of his trainee licence or in the alternative be granted a third licence (according to the Respondents discretion under Section 129 of the Act) either way with effect up to 12 December 2024. SignedBrian Kennedy KCDate: 13 November 2024.