Case Reference: FT/D/2026/0112
Transport
Decided without a hearing
Before
JUDGE MATON
Between
ANTHONY WINSTANLEY
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is Dismissed.
REASONS
This is an appeal against the decision of the Registrar dated 29 January 2026 that the Appellant should not be granted a third trainee licence.
The Tribunal received and considered a bundle of documents.
The Appellant said that he wants the appeal to be determined without a hearing, and the Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.
By rule 32 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, an appeal can be decided without a hearing if each party has consented to this, and if the Tribunal is satisfied that it can properly determine the issues without a hearing.
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 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 13 January 2025 to 12 January 2026.
The Appellant applied for a further trainee licence on 21 December 2025, and in an email dated 22 December 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 on the same day. The Registrar wrote to the Appellant by email dated 29 January 2026, refusing the application.
The Appellant appealed to the Tribunal.
The Appeal
The Appellant submits that:
the decision does not reflect what the Appellant regards as the Driver and Vehicle Standards Agency (“DVSA”)’s principles of fairness, proportionality and ensuring candidates are given a reasonable opportunity to meet the required standard;
he had difficulties booking a Part 3 test, and was not able to take his first attempt until 29 October 2025, with the DVSA having cancelled two bookings in the intervening time;
he suffered a family bereavement in February 2025 which caused an unavoidable loss of training time;
as a result of the delays he has experienced, he is at a disadvantage in preparing for Part 3 when compared with other candidates.
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, noting that the Driver and Vehicle Standards Agency also cancelled two further bookings; 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 5 May 2026 that the Appellant had a further Part 3 attempt booked for 3 July 2026.
Discussion
In relation to the decision being contrary to the principles of fairness, proportionality and reasonable opportunity, the Appellant has not provided any evidence regarding how these principles are said to be relevant to the decision, other than in general terms. This appeal is not decided on judicial review principles, examining how the decision was taken, but rather, as explained at [13] above, is decided on the basis of the Tribunal standing in the shoes of the Registrar and taking a fresh decision.
It is clear that the Appellant has experienced significant difficulties in booking a Part 3 test, compounded by the DVSA having cancelled two bookings. The Appellant cancelled one booking for 17 February 2026, and this has not been explained.
Regarding the Appellant’s family bereavement, while I have every sympathy with his circumstances, he does not provide evidence of how much training time was lost or what significance this had for his training more generally.
Regarding fairness as compared with other candidates, there is no evidence in this appeal which would indicate how exceptional the Appellant’s circumstances are in this regard, although this Tribunal does deal with a significant volume of appeals in which appellants have suffered delays to their training, indicating that this alone is not a highly unusual phenomenon.
Given the statutory extension of the effect of the Appellant’s license during the course of this appeal, he has had the benefit of an extension to his license which is almost as long as the six months for which he initially applied.
Conclusion and decision
Having considered the matters set out above, I find that, although the Appellant has had difficulty securing attempts at Part 3, and has suffered difficult personal circumstances during the period of his licence, in the circumstances of this appeal 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 1 June 2026