Nicola Shaw v The Registrar of Approved Driving Instructors

In the Appellants representative claim form she indicates that;
- She faced difficulties securing a Part 3 test date and that she is dyslexic. However, at Section 12 of her appeal grounds application, under “Reasonable adjustments” the Appellant has made no case nor provided any evidence in support of the claim that her Dyslexia affected her ability to progress her test or gain the required qualification. Other difficulties she cited included:

- A family emergency led to the cancellation of a test scheduled for 12 December 2024.
b) - She requires further time and opportunity to meet the qualifying standard for registration-

The Registrar refused the third licence application on the following grounds:
a) Purpose of the Licence: The trainee licence is intended to provide limited experience (up to six months) to prepare for registration, not to serve as an ongoing alternative to registration.
b) Sufficient Opportunity: The appellant has already had two licences over a 12-month period, which is deemed ample time to qualify.
c) Test Performance:
- Passed Part 1 and Part 2 tests.
- Failed the instructional ability (Part 3) test twice.
- Cancelled one test.
- Final attempt is scheduled for 17 November 2025.

Alternative Training Options: The appellant may continue preparing for the test without holding a licence, including unpaid practice or training with a registered instructor.

Whether the appellant has demonstrated exceptional circumstances justifying the grant of a third trainee licence.
- Whether the refusal was reasonable and proportionate in light of the appellant’s progress and available alternatives.

The refusal does not prevent the appellant from continuing her efforts to qualify. The system must not be used to indefinitely extend trainee status. The appeal is likely to fail if the final test proceeds, as the licence is only intended to support preparation for such tests.

This appeal concerns the decision of the Registrar of Approved Driving Instructors dated 4 April 2025, refusing the Appellant’s application for a third trainee licence under Section 129 of the Road Traffic Act 1988.

The Appellant, Miss Nicola Shaw, previously held two trainee licences valid from 11 March 2024 to 10 March 2025, during which she undertook training and attempted the instructional ability test.

The Appellant applied for a third trainee licence on 5 February 2025. The Registrar issued a notice of intention to refuse the application on 28 February 2025, inviting representations.

The Appellant responded on 4 March 2025, citing difficulty in securing test dates and a family emergency that led to the cancellation of a test scheduled for 12 December 2024.

The Registrar refused the application, noting that:
- The Appellant had failed the instructional ability test twice.
- No supporting evidence was provided for lost training time or lack of pupils.
- The licensing system is not intended to substitute for full registration.

The Appellant failed to attend the hearing of this appeal as set for 10.00am on 01 October 2025 but after notice from the clerk did make an appearance at the hearing on the CVP at 13.00 hours. The appellant apologised for her late arrival at the hearing and in fairness she accepted the Respondents contention that neither the dismissal of this appeal nor her dyslexia prevents her from continuing her efforts to qualify.

Section 129 of the Road Traffic Act 1988 empowers the Registrar to issue trainee licences to enable candidates to gain practical experience prior to qualification.

The DVSA’s ADI 14 Guidance provides that:
- A trainee licence is intended to offer limited, time-bound experience.
- A third licence is exceptional and must be justified by clear mitigating circumstances and evidence of progress.

The Tribunal has considered the following authorities:
- Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 – establishing the test for irrationality in administrative decisions.
- R v Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531 – affirming the duty to act fairly and give reasons.
- R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12 – requiring discretionary powers to be exercised consistently and in accordance with published policy.

The Registrar’s decision was made in accordance with the statutory framework and published DVSA guidance.

The Appellant has had ample opportunity to prepare for qualification, including two full trainee licence periods and multiple test attempts.

The Appellant’s final attempt at the instructional ability test is scheduled for 17 November 2025, and a licence is not required to undertake this test or continue training.

The Tribunal finds that the Registrar’s decision was:
- Lawful under Section 129 of the Act;
- Proportionate in light of the Appellant’s history and representations;
- Consistent with DVSA policy and guidance.

The appeal is therefore dismissed.