{"id":561484,"date":"2026-04-14T22:09:58","date_gmt":"2026-04-14T20:09:58","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/dean-humphries-v-registrar-for-approved-driving-instructors\/"},"modified":"2026-04-14T22:09:58","modified_gmt":"2026-04-14T20:09:58","slug":"dean-humphries-v-registrar-for-approved-driving-instructors","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/dean-humphries-v-registrar-for-approved-driving-instructors\/","title":{"rendered":"Dean Humphries v Registrar for Approved Driving Instructors"},"content":{"rendered":"
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Introduction 1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (\u2018the Registrar\u2019) made on 7 November 2025 to refuse to grant the Appellant a second trainee licence. Legal Framework 2. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. 3. A trainee licence may be granted in the circumstances set out in s. 129 of the Road Traffic Act 1988 (\u2018the Act\u2019) and the Motor Cars (Driving Instruction) Regulations 2005. 4. A licence under section 129(1) of the Act is granted: \u2018for 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.\u2019 5. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination (\u2018Part 1\u2019); the driving ability and fitness test (\u2018Part 2\u2019); and the instructional ability and fitness test (\u2018Part 3\u2019). 6. Three attempts are permitted at each part. The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken. 7. 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. 8. 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. 9. 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\u2019s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Registrar\u2019s decision was wrong rests with the Appellant. Factual Background to the Appeal 10. The Appellant passed Part 1 of the Qualifying Examination on 12 June 2024. He passed Part 2 on 17 February 2025. He failed a first attempt at the Part 3 on 13 June 2025 and cancelled two Part 3 tests scheduled to take place on 16 May 2025 and 2 October 2025 due to pre-existing holidays. He failed a second attempt on 16 October 2025. The Driver and Vehicle Standards Agency (\u201cDVSA\u201d) cancelled a Part 3 test scheduled for 20 March 2026. There is a further Part 3 test booked and scheduled to take place on 9 June 2026. This will be the Appellant\u2019s third and final attempt at the Part 3 test. 11. The Appellant applied for a trainee licence which was granted and was valid from 14 April 2025 to 13 October 2025. 12. The Appellant, applied for a second trainee licence on 5 October 2025 which was refused by the Registrar. 13. The reasons for the Registrar\u2019s decision, in summary, were that the Appellant had not complied with the conditions of his first licence, that the Appellant had already had a sufficient amount of time to gain experience to assist in passing Part 3 of the Qualifying Examination and that it was not the intention of Parliament that candidates should be issued with trainee licences for as long as it takes them to pass the examination, and that the trainee licence system must not be used as an alternative to registration as a fully qualified Approved Driving Instructor. Appeal to the Tribunal 14. The grounds of appeal are, in summary: a. There is no stipulation on the government website as to which areas of extra training is required during the initial 6 months of holding a trainee licence. b. Appellant is a retired qualified advanced police driver and had already received extensive training and practical experience in some of the training areas. Accordingly, he did not state on his training form that he had undertaken recent training in these areas. The Appellant had completed 22 hours extra training across the remaining 13 areas as the government website does not say that training is required across all areas. The Appellant\u2019s trainer was not supportive or competent enough to have made the Appellant aware of the correct position. c. The Appellant has struggled to obtain a date for his Part 3 test despite making every effort including opting for alternative test centres. d. The Appellant is not in full time employment and unable to continue the level of training he is currently undergoing without the income which flows from having a trainee licence. e. The Appellant has made considerable progress in his training following difficulties with his initial training school. 15. The Registrar in his response states: a. 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. b. 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 hadone trainee licences which cover a period of 6 months. Moreover, by virtue of the Appellant having applied for a second licence before the expiry date of the first, 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. c. Since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled two more such tests. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. d. The refusal of a second 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. e. The Appellant has a final attempt at the Part 3 tests booked for 9 June 2026. Evidence 16. I read and took account of a bundle of documents and heard submissions from the Appellant in relation to his progress in terms of his training and the misunderstandings regarding the extra hours of training required due to his previous career history. Discussion and Conclusions 17. The Appellant has failed two Part 3 test and cancelled two more. However, I note that the Appellant has secured a further date for his attempt at the Part 3 test and that this will be his third and final attempt at the test. The 2-year anniversary of the Appellant passing his Part 1 test is also in June 2026, after which time, the whole examination must be retaken. 18. I note that the Appellant has already had the benefit of one trainee licence covering a period of 6 months. Whilst this should have been adequate time to prepare and obtain the relevant minimum training hours required, there has been confusion and miscommunication between the Appellant and his training school as to the necessary requirements. 19. The Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence, however, without the income from providing tuition under his trainee licence, the Appellant cannot fund the necessary training. 20. The trainee license is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken. However, having weighed all matters in the balance, I am satisfied that the Registrar\u2019s decision was wrong in that the Registrar has failed to adequately consider the Appellant\u2019s circumstances in relation to the extra training hours required. 21. Accordingly, I allow this appeal and direct that the Appellant\u2019s trainee licence is extended to 12 June 2026, this being the 2-year anniversary of the Appellant passing Part 1 and by which time all parts of the examination must have been completed.<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Introduction 1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (\u2018the Registrar\u2019) made on 7 November 2025 to refuse to grant the Appellant a second trainee licence. Legal Framework 2. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. 3. A trainee licence may be granted…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7631],"kji_chamber":[],"kji_year":[7610],"kji_subject":[7712],"kji_keyword":[7633,7637,7641,7639,7640],"kji_language":[7611],"class_list":["post-561484","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-first-tier-tribunal-general-regulatory-chamber-transport","kji_year-7610","kji_subject-social","kji_keyword-appellant","kji_keyword-licence","kji_keyword-registrar","kji_keyword-trainee","kji_keyword-training","kji_language-anglais"],"yoast_head":"\nDean Humphries v Registrar for Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/dean-humphries-v-registrar-for-approved-driving-instructors\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dean Humphries v Registrar for Approved Driving Instructors\" \/>\n<meta property=\"og:description\" content=\"Introduction 1. 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