Timea Gyori v Registrar of Approved Driving Instructor

This is an appeal against the decision of the Registrar of Approved Driving Instructors (“the Registrar”), dated 16^th December 2024, refusing the Appellant’s application for a third trainee licence.

The parties were agreeable to the determination of this appeal on the papers, that is to say, without an oral hearing. I am satisfied, pursuant to Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, that I can properly determine the issues without a hearing.

I had been provided with a 24-page bundle for the purposes of this appeal, containing a number of documents, including the Notice of Appeal and written representations made by the Appellant upon receipt of notification that the Registrar was considering refusing his application for a third licence.

The Appellant had previously been granted two trainee licence, which were valid over the period from 27^th November 2023 to 26^th November 2024. On 15^th November 2024, she applied for a third licence.

On 18^th November 2024, the Registrar notified the Appellant by email that consideration was being given to refusing her application. The Appellant was invited to make written representations in response within 14 days of the date of that email.

By way of two emails on 24^th November 2024 and 29^th November 2024, the Appellant made written representations to the Registrar. These representations are summarised from the email of 24^th November 2024 as follows:

The Appellant’s subsequent email of 29^th November 2024 provided evidence, in the form of a scanned ‘ORDIT 5 hrs Remedial Training Assessment Sheet’, dated 14^th June 2024, and an ‘ADI 21AT’ DVSA Instructor Training Declaration Form, signed by the Appellant and dated 14^th June 2024. The Appellant states that she was advised by her instructor to carry out this training following her last unsuccessful attempts at the Part 3 test.

On 16^th December 2024, the Respondent gave the Appellant notice under section 129(4) of the Act that he was refusing her application for a subsequent trainee licence. The following reasons were given for the Registrar’s refusal of the Appellant’s application for a third trainee licence:

The Appellant was informed in that notice that she may appeal this decision to this Tribunal within 14 days from the date of that notification, and that if he did appeal against the decision of the Registrar, his present licence would continue in force until the appeal has been decided.

The Appellant’s Notice of Appeal was dated 20^th December 2024 and was received by the Tribunal 28^th December 2024. The Appellant’s reasons for her appeal repeat much of what was stated in her representations to the Registrar on 24^th November 2024 and are not repeated here, but in terms of reasons for her appeal, she states the following:

In the Response to the appeal, dated 9^th June 2025, the Respondent states that the Appellant became a single parent before the issue of her second trainee licence, and so was aware of the demands that would have been placed upon her time when she made her second application. The Registrar provided the reasons for refusing the Appellant’s application for a third licence:

Although not submitted as a reason for refusing the Appellant’s trainee licence, the Registrar states that the Appellant has her final attempt at the instructional ability test (Part 3) booked for 11^th August 2025.

The circumstances in which a person may be granted a trainee licence are detailed within Section 129 of the Road Traffic Act 1988 (“The Act”), and the Motor Cars (Driving Instruction) Regulations 2005 (“the Regulations”). The granting of a trainee licence permits applicants to provide instruction for payment before they are qualified and placed on the Register of Approved Driving Instructors. The granting of a trainee licence under section 129(1) of the Act is:

“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.”

To qualify as an Approved Driving Instructor, applicants must pass the ‘Qualifying Examination’, comprised of three parts: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’).

The whole qualifying examination must be completed within two years of passing the Part 1 examination, and whilst there is no restriction on the number of attempts a candidate may take the Part 1 qualifying examination, Parts 2 and 3 permit only three attempts at each. Should an applicant fail to comply with these requirements, the entire examination would need to be retaken (i.e. Parts, 1, 2 and 3). However, they would not be permitted to retake any part of the examination until 2 years after the date when they passed their Part 1 examination – see Regulation 3(3) of the Regulations.

Upon passing Part 2, an applicant may be granted a trainee licence. The granting of a trainee licence permits applicants to provide driving instruction for payment before they are fully qualified and on the Register of Approved Driving Instructors (s.123(1) of the Act). It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

Section 129(3) of the Act permits the Registrar to “refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued”. However, he must give written notice stating that he is considering the refusal of the application and give particulars of the grounds upon which he is considering this (s.129(7) of the Act). Once notice of this consideration has been given, section 129(8)(c) provides that:

“before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.”

The period referred to within that section is a period of 14 days from the date when notice was given by the Registrar (s.129(8)(a) of the Act), and the Registrar is not permitted to decide to refuse the application for the licence until after this period has come to an end (s.129(8)(b)).

Section 129(6) provides as follows:

“Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire–

(a)

until the commencement of the new licence, or

(b)

if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.”

The Appellant’s right of appeal and the powers of the Tribunal to determine this appeal are set out within s.131 of the Act. The Tribunal may make such an order as it thinks fit.

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.

It is for the Appellant to show, on the balance of probabilities, that the Respondent’s decision was wrong.

The Appellant submits that she has lost training time because of a lack pupils to assist her in gaining practical experience, though she has not provided any evidence to support this assertion. Such evidence could have been provided by way of confirmation from her driving school that this has been the case, or alternatively by in the form of a statement from her trainer, to give two examples. In the absence of sufficient evidence, it is impossible for this Tribunal to attach significant weight to this assertion. Equally, although I have some sympathy for the Appellant’s personal situation having changed whilst she is endeavouring to become an Approved Driving Instructor, this was not a new situation that arose during the period covered by her second trainee licence. Her written representations to the Respondent, which included details about this change in personal circumstances, stated that this situation arose in March 2024, which was before her second trainee licence was granted in May 2024. Again, no evidence has been provided which shows the extent to which this situation has impacted upon her ability to obtain the necessary practical experience in tuition.

Whilst it is clear that booking a date for Part 3 test may be more challenging than it once was, the Appellant was nonetheless able to book three such tests within the period covered by her two trainee licences. Her first test was on 17^th May 2024, but unfortunately resulted in a failure. There was then a cancellation of a confirmed test date by the Appellant on 27^th September 2024, before her second Part 3 test took place on 29^th November 2024. That second test was outside the period which would have ordinarily been covered by her second licence, but by virtue of this appeal, that licence runs until the determination of this appeal. The Appellant has therefore additionally benefited from over seven further months in which to gain the necessary practical experience of tuition. That of course is well beyond the time which would have been permitted had she been granted a third licence.

Despite it being a common understanding, it is not the case that individuals are entitled to the continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis that this is an adequate period to prepare for the Part 3 assessment, as it is not necessary to hold a trainee licence in order to either prepare for or take the Part 3 test. It is submitted by the Respondent that six months is a very reasonable period within which to reach the qualifying standard in the examination, and in particular, to obtain any necessary practical experience in tuition. Here, the Appellant has had an extension to the licence period by the granting of a second trainee licence, affording her twelve months within which to obtain further practical training.

It is understood that the Appellant has her final Part 3 test booked for 11^th August 2025. That would ordinarily be her final attempt at the Part 3 test, but she passed her Part 1 test on 10^th July 2023, and accordingly she would not meet be able to meet the requirement of completing all stages of her qualifying exam within two years of that date, unless she is able to pass a Part 3 test by 10^th July 2025. In those circumstances, unless she meets that requirement, she will need to start her qualifying exam afresh, beginning with the Part 1 test. As two years would then have elapsed from the date she passed her Part 1 test, she would then be able to start that process straight away.

In the circumstances of this case, I am not persuaded that the Respondent was wrong to refuse the application for a third licence.

The appeal is dismissed.