Case Reference: FT/D/2025/0460
Transport
Decided without a hearing
Before
JUDGE HEALD
Between
MARTA BORSUK PALAHNYUK
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The Appeal is Dismissed
REASONS
This Appeal is brought pursuant to section 131(2)(a) Road Traffic Act 1988 ("the Act"). It relates to a Decision made by the Respondent ("the Registrar") dated 18 March 2025 ("the Decision") to refuse an application for a third trainee licence.
The Appeal was decided without a hearing by rule 32(1) of the Tribunal Procedure (First -Tier Tribunal) (General Regulatory Chamber) Rules 2009.
Personal medical details have been redacted.
Law
The Appellant's name is not on the Register of Approved Driving Instructors ("the Register") and is therefore prohibited from giving paid driving instructions by section 123(1) of the Act unless the Appellant holds a licence issued by the Registrar pursuant to section 129(1) of the Act and in accordance with The Motor Cars (Driving Instruction) Regulations 2005.
To qualify as an Approved Driving Instructor ("ADI") an applicant is required to pass a Qualifying Examination. This is in 3 parts namely part 1 being a written examination, the driving ability and fitness test in part 2 and the instructional ability and fitness test in part 3. Three attempts are allowed at each part. The whole examination (parts 1-3 inclusive) must be completed within two years of passing part 1. If this is not done then the whole examination has to be retaken. A Licence relates to giving paid instruction and is not needed to be able to take part 3.
A Section 129(1) licence may be granted by the Registrar once an applicant has passed part 2. This 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 referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct."
By section 129(3) of the Act "The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."
Role of the Tribunal
Section 131(2) of the Act provides:-
"A person who is aggrieved by a decision of the Registrar—
(a)to refuse an application for the grant of a licence under this Part of this Act, or...
may appeal to the First-tier Tribunal"
Section 131 (3) of the Act provides that the Tribunal may make such order:-
(a)for the grant or refusal of the application
or,
(b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence,
(as the case may be) as it thinks fit.
Section 131(4A) of the Act provides that, in addition, if the Tribunal is provided with evidence that was not before the Registrar at the relevant time it may remit the matter back to the Registrar.
In considering the Appeal the Tribunal must give appropriate weight to the Registrar's view (see The Court of Appeal in Hope and Glory Public House Ltd, R (on the application of) v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31 (26 January 2011). 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 being the person tasked with making such decisions. It is not the role of the Tribunal to carry out a procedural review of the Registrar's decision-making process but it does need to consider all the circumstances. The Appellant has the burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong.
Evidence and matters considered
A Bundle of 23 pdf pages was provided for the Appeal.
Chronology
In summary:-
the Appellant passed the part 1 test on 2 October 2023 and the part 2 on 9 January 2024.
two licences by section 129(1) were granted from 12 February 2024 -11 February 2025.
on 14 October 2024 the Appellant failed part 3.
on 10 February 2025 the Appellant applied for a 3rd licence.
the Appellant was notified on 18 February 2025 that the Registrar was considering refusal of the application about which the Appellant made representations on 19 February 2025.
on 11 March 2025 a part 3 test was cancelled.
on 18 March 2025 the Registrar notified the Appellant that the representations had been considered but the Decision was to refuse the application for a 3rd licence.
on 15 May 2025 a part 3 test was cancelled.
on 18 June 2025 the Appellant failed part 3 for the 2nd time.
a further part 3 test is booked for 30 September 2025.
The Appeal
This Appeal against the Decision was commenced on 24 March 2025. The Registrar provided a Response on 29 July 2025.
The Grounds of Appeal
The grounds are that the Appellant had been undergoing [redacted] treatment for [redacted] and that this had disrupted the Appellant's ability to practice for part 3. The Grounds provided more detail of the "intensive" treatment and the impact it had on the Appellant.
The Registrars Grounds of refusal
The Registrar's position is set out in his letter of 9 February 2025, the Decision and the Response. In the Response the Registrar said that the reasons for refusal were:-
"i 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;
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 second, that licence has remained in force to the present time and will allow her to continue to give paid instruction until determination of the appeal;
since passing her driving ability test the Appellant has failed the instructional ability test twice and cancelled two more such test(s) booked for 11 March 2025 and 15 May 2025. (Annex A) Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and
the refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. She does not need to hold a licence for that purpose, nor is it essential for her 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 her own (provided that she 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.
It should be noted that the Appellant has her final attempt at the instructional ability test booked for 30 September 2025. Should the test go ahead, then the regulations determine that any appeal is bound to fail as a trainee licence can only be issued in order that an individual can gain the practical experience required to take the test.
Decision
It appears that the Registrar may not have had the Appellant's medical evidence when making the Decision and I considered whether to remit the matter back to the Registrar by section 131(4A) of the Act. However, while keeping note of the medical evidence, it is also the case that:-
over 7 months has elapsed since the expiry of the 2nd licence and had a 3rd 6 month licence been granted it would, by this point, have already expired.
since the application for a further licence the part 3 test has been cancelled twice and not passed for a second time on 18 June 2025.
the period of 2 years from passing part 1 ends at the start of October 2025.
a further part 3 test is set for 30 September 2025 (just before the expiry of the 2 years).
For these reasons the Appeal is dismissed.
Signed Judge Heald Date: 26 September 2025