Ben Swain v The Registrar of Approved Driving Instructors
The regulations prescribe mandatory procedures, tests, training, and fees for the qualification, licensing, and registration of driving instructors, including conditions for entry, retention, and removal from the register, and requirements for vehicles and insurance used in tests.
- Parties
- Regulator: Secretary of State for Transport
- Jurisdiction
- England and Wales
- Judgment Date
- 19 December 2025
- Procedural Posture
- Statutory Instrument / Final Regulation
- Outcome
- Regulations enacted and previous regulations revoked.
- Legal Topics
- Driving Instruction, Licensing, Regulatory Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Secretary of State for Transport
Regulator
Procedural Posture
Statutory Instrument / Final Regulation
Legal Issues
- 1 What are the requirements for driving instructor qualification and licensing?
- 2 What are the conditions for entry, retention, and removal from the register of approved driving instructors?
- 3 What are the prescribed tests and fees for driving instruction licensing?
Ratio Decidendi
The regulations prescribe mandatory procedures, tests, training, and fees for the qualification, licensing, and registration of driving instructors, including conditions for entry, retention, and removal from the register, and requirements for vehicles and insurance used in tests.
Court Disposition
Regulations enacted and previous regulations revoked.
Orders
- Motor Cars (Driving Instruction) Regulations 2005 come into force as specified.
- Previous relevant regulations revoked as listed in Schedule 7.
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