Nicholas Simpson v Registrar for Approved Driving Instructors

Neutral citation number: [2025] UKFTT 00907 (GRC) First-tier Tribunal (General Regulatory Chamber) Transport Case Reference: FT-D-2025-0192 Heard at: Cloud Video Platform Decision given on: 29 July 2025 Before JUDGE PERI MORNINGTON Between NICHOLAS SIMPSON and REGISTRAR FOR APPROVED DRIVING INSTRUCTORS Appellant Respondent Decision: The appeal is allowed. Introduction REASONS 1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 31 January 2025 to refuse to grant the Appellant a third 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 (‘the Act’) and the Motor Cars (Driving Instruction) Regulations 2005. © CROWN COPYRIGHT 2024 4. A licence under section 129(1) of the Act is granted: ‘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.’ 5. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’). 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’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 the Appellant. Factual Background to the Appeal 10. The Appellant passed Part 1 of the Qualifying Examination on 6 November 2023. He passed Part 2 on 8 December 2023. He failed his first attempt at the Part 3 test on 2 May 2024 and failed his second attempt on 17 October 2024. 11. The Appellant cancelled a further Part 3 test which was due to take place on 9 June 2025. In oral submissions, the Appellant confirmed that this cancellation was necessary due to the student who was intended to take part in the test, taking ill and being unfit to drive. The Appellant was unable to source an alternative student in the short time frame before the test and in the circumstances and on advice of his trainer, decided that cancelling the test was the most appropriate action to take. 12. The Appellant applied for a trainee licence which was granted and was valid from 15 January 2024 to 14 January 2025. 13. The Appellant applied for a third trainee licence on 10 December 2024, which was refused by the Registrar. 14. As the Appellant applied for a third trainee licence before the previous licence expired, this means that, at the date of the hearing, the Appellant has been the beneficiary of a trainee licence for just over 18 months. 15. The reasons for the Registrar’s decision, in summary, were 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 16. The grounds of appeal are, in summary: a. The Appellant has booked a third and final Part 3 test but is on hold still awaiting a date. b. The Appellant has not been able to complete his three attempts at the Part 3 test within the 18 months prior to now due to circumstances beyond his control. c. The Appellant considers that use of a dual control vehicle and practice with paying students is necessary to take the Part 3 test and also to maintain his practice in an attempt to ensure his ability levels are high. 17. 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. Moreover, by virtue of the Appellant 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 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. 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 third 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. Evidence 18. I read and took account of a bundle of documents and heard from the Appellant during oral submissions. Discussion and Conclusions 19. I have carefully considered the evidence before me. 20. I accept that the Appellant has found himself in unusual and unfortunate circumstances when his student was taken ill and he was forced to cancel his third attempt at the Part 3 test despite having waited so long for a date. 21. I further accept that he will find it difficult to take his Part 3 test without the use of a dual control vehicle which he is currently able to use due to him holding a trainee licence. 22. Whilst I note that the Appellant has had the benefit of a trainee licence for a period of over 18 months up to today, I accept that the circumstances of the Appellant have meant that he has not had reasonable opportunity to obtain a date for his Part 3 test within a reasonable time frame. Moreover, I note that the Appellant has until one final attempt at the Part 3 test which must be taken by 6 November 2025 (just over 3 months from today), failing which he will be required to begin the whole examination again, starting with Part 1. 23. Having weighed all matters in the balance, the Appellant has persuaded me that the appeal should be allowed. 24. The decision of the Registrar, made on 31 January 2025, is set aside. Accordingly, the appeal is allowed. 25. The Appellant is granted a third trainee licence with effect from the date of this Decision. The third trainee licence will expire on 7 November 2025. Signed: Judge Peri Mornington Date: 28 July 2025 4