Alison Cathryn Attwood v The Registrar of Approved Driving Instructors

This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) to refuse to grant the Appellant a third trainee licence.

The Appellant was a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 (Footnote: ¹) (‘the Act’) for a six-month period, then another, but was refused a further licence at the end of the relevant period.

The Registrar’s reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a third trainee licence was therefore refused.

The Appellant appeals the Registrar’s decision.

The Appellant’s Notice of Appeal, dated 23^rd February 2026, relied on grounds that she needed a third licence to complete her final attempt at her Pat 3 examination.

The Respondent submitted a Response indicating that the decision letter sets out their position.

Latterly, via GRC5 form, the Registrar points out that the Appellant failed her final test on 6^th May 2026 and therefore must restart the process if she is to become an ADI, pursuant to Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005.

The Appellant has indicated in response, “Hi I cancelled my Tribunal as I failed my 3^rd attempt at part3 on 5.5.26…” She therefore agrees with the Registrar’s factual position.

The case was determined on the papers, after the Appellant failed her third Part 3 attempt. The Tribunal considered the papers and came to the conclusion that such a determination was fair and appropriate, and in accordance with the Tribunal Rules and the wider interests of justice.

The Tribunal considered a bundle of evidence.

The Tribunal considered carefully all the papers before it.

In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant simply asks for longer. No lack of training opportunity is stipulated. The Tribunal finds that there has been appropriate time to train, holding a licence for 12 months is well in excess of what is expected and there is no basis for a further licence.

Having indicated the Appeal would have failed on the merits, it must fail because the Appellant has failed her Part 3 examination three times. Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005 makes it plain that trainee instructors have 3 attempt to pass their Part 3 examination and having failed in that regard the licence then issued ceases to have effect. Accordingly the appeal is struck out as having no merit.

In all the circumstances, the Tribunal finds that the Registrar’s initial decision was correct, and the appeal would have failed on that basis. However, it must fail on the further 3 failure ground.

This appeal is struck out and dismissed.

DATE: 16^th June 2026