{"id":562617,"date":"2026-04-14T23:42:27","date_gmt":"2026-04-14T21:42:27","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/christopher-carrington-v-the-registrar-of-approved-driving-instructors\/"},"modified":"2026-04-14T23:42:27","modified_gmt":"2026-04-14T21:42:27","slug":"christopher-carrington-v-the-registrar-of-approved-driving-instructors","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/christopher-carrington-v-the-registrar-of-approved-driving-instructors\/","title":{"rendered":"Christopher Carrington v The Registrar of Approved Driving Instructors"},"content":{"rendered":"
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Preliminary matters 1. References in this decision to a \u2018section\u2019 are references to the applicable section of The Road Traffic Act 1988. 2. In this decision, I use the following terms to denote the meanings shown: ADIs: Approved Driving Instructors (those whose name appear on the Register). Appellant: Christopher Carrington. Application: The Appellant\u2019s application to the Registrar, dated 28 July 2025, for the grant of a third Licence. Licence: A licence under section 129 to give paid instruction in the driving of a motor car (see paragraph 16 below); often referred to as a \u2018trainee licence\u2019. Register: The Register of Approved Driving Instructors maintained by the\u00a0Driver and Vehicle Standards Agency. Registrar: The Registrar of Approved Driving Instructors (the Respondent). Registrar\u2019s Decision: The decision of the Registrar, by way of letter to the Appellant dated 11 September 2025, refusing the Application. Qualifying Examination: The qualifying examination referred to in paragraph 13 below. Introduction – background to the appeal 3. This was an appeal against the Registrar\u2019s Decision. 4. The Appellant is an aspiring ADI who has previously been granted two Licences. The Appellant applied for a third Licence (the Application), resulting in the Registrar\u2019s Decision. 5. The reasons for the Registrar\u2019s Decision are set out in paragraph 7 below. The appeal The grounds of appeal 6. The Appellant\u2019s grounds of appeal stated that the Registrar\u2019s Decision did not take into account the following extenuating circumstances: a. The Appellant had lost a substantial amount of time from his training due to circumstances beyond his control, including serious illness affecting both himself and a close family member. As a result, the Appellant had lost over 2 months in total of his training time. b. The Appellant experienced a lack of support from his trainer who, for a significant of time spent with the Appellant, was either on his phone or asleep. The Registrar\u2019s case 7. The Registrar resisted the appeal. The Registrar\u2019s response to the appeal stated that: a. The Appellant had only provided evidence of medical appointments, which does not substantiate any lost training time. b. The Appellant have had the benefit of two Licences for twelve months. c. 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 as an ADI. The system of issuing Licences is not and must not be allowed to become an alternative to the system of registration as an ADI. d. A Licence is granted not to enable the instructor to teach for however long it takes to pass the Qualifying Examination, but to allow up to six months experience of (paid) instruction. e. The Appellant has had ample time and opportunity to reach the required standard for qualification as an ADI. Mode of hearing 8. The proceedings were held by the cloud video platform. The Tribunal Panel and the Appellant joined remotely. The Tribunal was satisfied that it was fair and just to conduct the hearing in this way. There were some technical difficulties when the Appellant first tried to join the hearing, as well as some problems with the connection during it, but the hearing was paused at the relevant times and the Tribunal was satisfied that nothing had been missed. 9. The Registrar did not attend the hearing and was not represented (having previously indicated that they would be content to rely on their written submissions if there was an oral hearing). The evidence and submission 10. The Tribunal read and took account of a bundle which included the Appellant\u2019s reasons for the appeal, the Respondent\u2019s response and details of the Appellant\u2019s Licence history from the Registrar, as well as other written arguments and supporting evidence from both parties. 11. All of the contents of the bundle and the parties\u2019 submissions were taken into account, even if not directly referred to in this decision. The relevant legal principles 12. Section 123(1) prohibits the giving of instruction in the driving of a motor car for payment unless the instructor is an ADI or the holder of a current Licence. 13. A person must pass a qualifying examination in order to qualify as an ADI. The qualifying examination is made up of: a. a written examination (Part 1); b. a practical test of ability and fitness to drive (Part 2); and c. a practical test of ability and fitness to instruct (Part 3). 14. An application to take the \u2018Part 3\u2019 test must be made within two years of passing the \u2018Part 1\u2019 test, otherwise the whole Qualifying Examination has to be retaken. 15. Three attempts are permitted in respect of each part of the Qualifying Examination. If any part of the Qualifying Examination is failed after three attempts, the whole Qualifying Examination has to be retaken. 16. The grant of a Licence enables a person to provide instruction for payment before they qualify as an ADI. The purpose for which a Licence is granted is set out in section 129(1). In essence, a Licence is granted for the purpose of enabling a potential ADI to acquire practical experience as a driving instructor, with a view to them undergoing \u2018Part 3\u2019 of the Qualifying Examination. The circumstances in which Licences may be granted are set out in section 129 and the Motor Cars (Driving Instruction) Regulations 2005. 17. An applicant may be granted a Licence if they have passed \u2018Part 2\u2019 of the Qualifying Examination and if they are eligible to take the \u2018Part 3\u2019 test. An application for a Licence must be made within two years of passing \u2018Part 1\u2019 of the Qualifying Examination. 18. A Licence lasts for six months. When a Licence expires, giving paid driving lessons is prohibited unless (as set out in paragraph 12 above) a further Licence is obtained or ADI status is achieved. 19. Subject to certain conditions being met, the Registrar must grant a person\u2019s first application for a Licence. However, pursuant to section 129(3), the Registrar has the discretion to refuse any subsequent application for a Licence. Where an applicant appeals to the Tribunal in respect of the Registrar\u2019s decision to refuse a new Licence, the Licence continues in effect until the appeal is determined. 20. Holding a Licence is not necessary in order to take \u2018Part 3\u2019 of the Qualifying Examination or to qualify as an ADI. Many people qualify as an ADI without having held a Licence. The role and powers of the Tribunal 21. An appeal to the Tribunal against the Registrar\u2019s Decision is undertaken by way of a \u2018re-hearing\u2019; the Tribunal \u2018stands in the shoes\u2019 of the Registrar and takes a fresh decision on the evidence before it, giving appropriate weight to the Registrar\u2019s Decision (as the Registrar is tasked by Parliament with making such decisions). The Tribunal does not conduct a procedural review of the Registrar\u2019s decision-making process but, in reaching its decision, the Tribunal may review any findings of fact on which the Registrar\u2019s Decision was based and the Tribunal may come to a different decision regarding those facts. 22. The powers of the Tribunal in determining the appeal are set out in section 131(3). In summary, for the purposes of the appeal, the Tribunal is empowered to make an order for the grant or refusal of the Application, as it thinks fit. 23. However, under section 131(4A), if the Tribunal considers that any evidence adduced on the appeal had not been adduced to the Registrar before the Registrar\u2019s Decision, it may (instead of making such an order) remit the matter to the Registrar for them to reconsider the Registrar\u2019s Decision. 24. Where the Tribunal makes an order for the refusal of the Application, it may also, pursuant to section 131(4), direct that (in essence) the Appellant cannot apply for a Licence for a period of up to four years. Discussion and findings 25. In this case, the Appellant explained that he and his father had both suffered from serious medical conditions in the period since he was first granted a Licence. I do not detail further here the nature of the conditions in question, although some aspects were set out in the Appellant\u2019s grounds of appeal and he elaborated further during the hearing. 26. The Appellant also stated that his father\u2019s illness had meant that the Appellant had frequently had to travel from Plymouth to Leicester over a significant period of time. 27. Whilst there was no evidence in the bundle of the medical conditions in question, I accept the Appellant\u2019s oral evidence in that regard. Moreover, the Registrar did not challenge the nature and existence of the medical conditions and they stated that they had received evidence of medical appointments. The Registrar, rather, contended (as already noted) that evidence of the medical appointments did not substantiate any lost training time. 28. In my view, allowances should be made for the serious nature of the medical conditions affecting the Appellant and his father, as well the impact on the Appellant (whose evidence I accept regarding this being a particularly stressful period). 29. The Appellant also explained further in the hearing about the point made in his grounds of appeal about the difficulties encountered with his trainer. The Appellant stated that the person in question has since been removed from their role and that the Appellant was now training with someone else. The Appellant explained that the problems with his trainer continued for around eight to nine months. The Appellant considered that the problems with his trainer had affected his ability to obtain an appropriate standard of training in preparation for the \u2018Part 3\u2019 test. The Appellant stated that he recognised that the problems with his trainer were his responsibility to address, but that dealing with those was also affected by his personal circumstances. 30. Whilst I understand the Registrar\u2019s concerns about lengthy durations of Licences and about Licences not being used as an alternative to the system of registration as an ADI, I consider that there are relevant extenuating circumstances in this case. In my view, those circumstances have had a material adverse effect on the Appellant\u2019s ability to obtain suitable practical experience in preparation for the \u2018Part 3\u2019 test, such that it is appropriate for the Appellant to be granted a third Licence. 31. For all of the reasons I have given, I conclude that the Registrar\u2019s Decision was incorrect. I therefore allow the appeal and I order that the Application be granted. Signed:Judge RoperDate: 10 March 2026 Judge of the First-tier Tribunal<\/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":"

Preliminary matters 1. References in this decision to a \u2018section\u2019 are references to the applicable section of The Road Traffic Act 1988. 2. In this decision, I use the following terms to denote the meanings shown: ADIs: Approved Driving Instructors (those whose name appear on the Register). Appellant: Christopher Carrington. Application: The Appellant\u2019s application to the Registrar, dated 28 July…<\/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":[7705,7633,7637,7641,7636],"kji_language":[7611],"class_list":["post-562617","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-appeal","kji_keyword-appellant","kji_keyword-licence","kji_keyword-registrar","kji_keyword-tribunal","kji_language-anglais"],"yoast_head":"\nChristopher Carrington v The Registrar of 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\/christopher-carrington-v-the-registrar-of-approved-driving-instructors\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Christopher Carrington v The Registrar of Approved Driving Instructors\" \/>\n<meta property=\"og:description\" content=\"Preliminary matters 1. 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