Jason Kirkham v The Registrar of Approved Driving Instructors

The appellant appeals against the decision made by the Registrar of Approved Driving Instructors (the respondent) on 15 October 2024 to refuse his application for a third trainee licence. The appeal was listed for determination without a hearing with the agreement of the parties.

The appellant had been granted two trainee licences. They were valid from 11 September 2023 to 9 September 2024. On 21 August 2024 the appellant applied for a third trainee licence.

On 10 September 2024 the respondent notified the appellant that consideration was being given to refusing his application. He was invited to make representations.

The appellant responded by email on 16 September 2024 acknowledging that he did have sufficient experience to pass the Part 3 test, but that it has been out of his control as to when the test date was offered and he has experienced long waits for a test date. He advised that he had a part 3 test booked for 21 November 2024.

The respondent gave the following reasons for the decision made on 15 October 2024:

The appellant lodged a notice of appeal dated 9 August 2024. In his notice of appeal, the appellant does not explain why he considers that the respondent’s decision is wrong. He states that he booked his part 3 test on 13 April 2024 because he was due to have abdominal surgery on 2 May 2024. He also stated that he has students with test dates already booked who are reliant on him and his vehicle.

The respondent in its response dated 5 December 2024 reiterated the above reasons for refusal. In addition, it noted that the appellant had his second attempt at a part 3 test booked for 28 January 2025.

The circumstances in which a person may be granted a trainee licence are set out in Section 129 of the Road Traffic Act 1988 (the Act) and the Motor Cars (Driving Instruction) Regulations 2005 (the Regulations).

The appellant’s right of appeal and the powers of the Tribunal to determine this appeal are set out in s.131 of the Act. The Tribunal will make a fresh decision on the evidence before it and may make such order as it thinks fit.

It is for the appellant to show on balance of probabilities that the respondent’s decision was wrong.

The essence of the respondent’s decision is that the appellant has been provided, under his previous two licences, with more than adequate time to sit the required tests to become an ADI. The appellant has already had two trainee licences, and because the application for his third licence was made before the expiry of his second licence, he has had the benefit of a continuing licence while his appeal has been pending, which has been valid for 17 months to date. The appellant can continue to provide instruction, so long as it is without payment, if he considers that he needs further experience before sitting the test. He can also sit the part 3 test without a trainee licence.

In reaching its decision, the Tribunal has taken into account all the evidence submitted to it in advance of the hearing and considered all the circumstances relevant to this appeal.

In all the circumstances, the Tribunal finds that the appellant has not persuaded it that the Registrar’s decision was wrong in any way and accordingly dismisses the appeal.