Case Reference: FT/D/2025/1472
Transport
Heard by Cloud Video Platform
Before
JUDGE MATON
Between
KEVIN ROY ALLEN
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Representation:
The Appellant appeared in person.
The Respondent did not appear and was not represented.
Decision: The appeal is Dismissed.
REASONS
This is an appeal against the decision of the Registrar dated 12 December 2025 that the Appellant should not be granted a third trainee licence.
The Tribunal received and considered a bundle of documents, and the Appellant attended an oral hearing by Cloud Video Platform.
The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.
By rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, a hearing can proceed in the absence of a party if the Tribunal is satisfied that the party had notice of the hearing and that it is in the interests of justice to proceed.
I am satisfied that these requirements were met in this case, and that this was a fair and just way to decide the Appeal.
Relevant law
The grant of a trainee licence enables applicants to provide driving instruction for payment before they are qualified.
A trainee licence may be granted in the circumstances set out in s129 of the Road Traffic Act 1988 (“the Act”) and the Motor Cars (Driving Instruction) Regulations 2005.
In order to qualify as for registration as an approved driving instructor, applicants must pass the Qualifying Examination. This comprises: a written examination (“Part 1”); a driving ability and fitness test (“Part 2”); and an instructional ability and fitness test (“Part 3”).
Three attempts are permitted at each part. The whole examination must be completed within two years of passing Part 1, failing which the whole examination has to be retaken.
The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an approved driving instructor without having held a trainee licence. Under s129(2) of the Act, the Registrar must grant a licence to an applicant who fulfils specified conditions, including that they have passed Parts 1 and 2. Under s129(3) the Registrar has discretion to refuse an application for a second or subsequent licence.
Under s129(6)(b), where a person applies for a new licence in substitution for a licence held by them and current at the date of the application, the previous licence will not expire if the Registrar decides to refuse the application, until the time limit for an appeal against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.
The powers of the Tribunal in relation to appeals against decisions not to grant trainee licences are set out in s131 of the Act. When making a decision on any such appeal, 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.
Background
The Appellant was granted two consecutive trainee licences valid from 11 November 2024 to 10 November 2025.
The Appellant applied for a further trainee licence on 31 October 2025, and in an email dated 19 November 2025 the Registrar advised that he was considering refusing the application, and invited the Appellant to make representations regarding this. The Appellant made representations in an email dated 24 November 2025. The Registrar wrote to the Appellant by email dated 12 December 2025, refusing the application.
The Appellant appealed to the Tribunal.
The Appeal
The Appellant submits that:
it is difficult for trainee instructors to find students, and has avoided taking on new students recently due to the uncertainty as to whether his appeal will be successful;
he has experienced delays in securing Part 3 test slots, and has recently had one postponed by the DVSA;
he has experienced some disruption to his training due to a family bereavement in late 2025.
The Registrar submits that:
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; that 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 remained in force and would allow him to continue to give paid instruction until determination of the Appeal;
since passing his driving ability test the Appellant had failed the instructional ability test twice and cancelled a further booking, acknowledging that the Driver and Vehicle Standards Agency cancelled another booking; and that despite ample time and opportunity, the Appellant had 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 Part 3; he does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training; and that alternatives are available to acquire registration without obtaining a licence.
The Registrar noted at the time of filing his response to the appeal dated 11 March 2026 that the Appellant had a further Part 3 attempt booked for 18 May 2026. At the hearing the Appellant said that this had been delayed until 28 July 2026 by the DVSA.
Discussion
The Appellant submits that he has experienced a number of difficulties in training during the period of his licence so far, including difficulties in finding students and in booking Part 3 tests. While these matters are unfortunate, they are risks which are to some extent inherent in the training process.
He has also suffered a bereavement, although he does not indicate that this has resulted in substantial lost training time when compared with the total duration of his trainee licences to date.
Conclusion and decision
Having considered the matters set out above, I find that, although the Appellant had difficulty securing attempts at Part 3 during the two years following passing his Part 1 test, this does not outweigh the Registrar’s reasons for refusing the Appellant a third trainee licence.
Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal.
Signed Date:
Judge Maton 18 May 2026