Demi Slessor v Registrar of Approved Driving Instructors

The Respondent had indicated in advance that she would not be represented at the hearing. The Appellant had been sent notification of the hearing and the link to join the proceedings on 8 January 2025. Before the hearing opened, the Tribunal clerk telephoned the Appellant to ascertain if she proposed to attend. There was no reply. The Hearing was listed for 2pm. The Tribunal waited for the Appellant until 2.15pm. The clerk made two further attempts to call the Appellant without reply, and also sent an email without response. In the circumstances, the Tribunal considered it in the interests of justice to proceed to determine the appeal in the absence of the parties.

The Tribunal received a bundle of documents comprised of 19 paginated pages plus index, which we have fully considered.

Section 123(1) of the Road Traffic Act 1988 (“the Act”) prohibits the giving of instruction paid for by or in respect of a pupil in the driving of a motor car unless the instructor’s name is on the Register of Approved Driving Instructors, or she is the holder of a current licence issued under Section 129(1) of the Act.

The Appellant is not now and has never been on the said Register.

Two licences under Section 129 of the Act were granted to the Appellant for the purpose of enabling her to gain practical experience to undergo the examination of her ability to give instruction in the driving of motor cars and were valid from 7 August 2023 to 6 August 2024 (page 14).

On 25 July 2024 the Appellant applied for a third licence (page 15). By way of an email dated 25 July 2024 (page 16) the Appellant was notified that the Respondent was considering the refusal of her application for a third licence. By way of an email received on 2 August 2024 (page 17)) the Appellant made representations. She stated that she had experienced difficulties in obtaining a test date. She stated that she would feel penalised if she was not granted a third licence as she had tried to do all that she can to secure a test and complete her training. She had followed the Driver and Vehicle Licensing Agency guidance at all times and had continued with her training. She has continued training for two hours every week and she hopes to pass on her next attempt. She would like a third trainee licence so that she can continue her attempt to become an Approved Driving Instructor.

After considering these representations the Respondent decided to refuse the Appellant’s application. She has provided no adequate evidence of lost training time or a lack of pupils and has had the benefit of two trainee licences for twelve months.

The Respondent gave notice to the Appellant of their decision in accordance with Section 129(4) of the Act by an email dated 9 August 2024 (page 18).

The reasons for the Respondent’s decision to refuse the application for a third licence are as follows:

The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public while 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. The Appellant has already had two trainee licences which cover a period of 12 months. 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 one more test booked for 30 October 2024 (page 19). Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor.

The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. The Appellant does no 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 is noted that the Appellant has her final attempt at the instructional ability test booked on hold, awaiting a test date. 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.

In all the circumstances there is not sufficient evidence of significant gravity presented to upset the Respondent’s decision and accordingly the appeal is dismissed.