Adrian Gibbs v Registrar of Approved Driving Instructors

1. This is an appeal against the decision of the Registrar of Approved Driving Instructors (“the Registrar”), dated 8 th September 2025, refusing the Appellant’s application for a third trainee licence.

2. I have been provided with a 26-page bundle for the purpose of this appeal, containing a number of documents, including the Notice of Appeal and the Appellant’s written representations which were made upon receipt of notification that the Registrar was considering refusing his application for a third licence.

3. The Appellant was granted two trainee licences by the Respondent, covering the period of 2 nd September 2024 to 1 st September 2025. On 10 th August 2025, the Appellant applied for his third trainee licence.

4. On 14 th August 2025, the Registrar notified the Appellant by email that consideration was being given to refusing the application, and they were asked to make written representations in response within 14 days of the date of that email.

5. The Appellant responded with written representations on 22 nd August 2025, stating as follows: (i) That on multiple occasions, the Driver and Vehicle Standards Agency (DVSA) has moved his scheduled Part 3 test to a date beyond the period covered by his trainee licence. (ii) That the repeated rescheduling and unavailability of Part 3 test dates has meant that my licence has expired before being able to complete his Part 3 test. (iii) That he is fully committed to completing his qualification and believes that he is in a strong position to pass the Part 3 test as soon as one is available.

6. On 8 th September 2025, the Registrar gave the Appellant notice under section 129(4) of the Road Traffic Act 1988 that he was refusing his application for a third trainee licence. The following reasons were given for the Registrar’s refusal of the Appellant’s application for a second licence: (a) That the Appellant had failed to provide any evidence of lost training time. (b) That the Appellant had already been granted two trainee licences of six months’ duration for the purpose of gaining sufficient experience to pass the final part of the Approved Driving Instructors qualifying examination. This is considered to be a more than adequate period of time in which to do this. (c) That it was not Parliament’s intention that candidates should be issued licences for as long as it takes them to pass the examination. (d) That the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.

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

8. The Appellant’s reasons for his appeal are stated in his Notice of Appeal, dated 19 th September 2025, and are summarised as follows: (a) That over the past 12 months he has only been given one opportunity to sit his Part 3 test, having had previous tests cancelled by the DVSA on two previous occasions. (b) The ‘.gov.uk’ website states that he should have three attempts at the Part 3 test, but he has only had one. (c) That the wait time between paying for the test and the actual test date is often six months or more. This has resulted in him facing delays in getting the experience he needs to improve and pass. (d) That he is committed to reaching DVSA’s standards and intends to complete his training in a responsible and dedicated manner.

9. In the Response to the appeal, dated 25 th November 2026, the Registrar reiterated the reasons for given in his Notice of 8 th September 2025 for refusing the application for a third trainee licence, and made the following additional submissions: (a) 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, providing 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. (b) The Appellant has already had two trainee licences, covering a period of twelve months, and by virtue of having applied for a third licence before the expiry of the first, that licence has remained in force to the present time and has permitted the Appellant to continue to give paid instruction until the determination of this appeal. (c) The system of issuing licences is not and must not be allowed to become an alternative to the system of registration. (d) Since passing his driving ability test, the Appellant has failed the instructional ability test (Part 3) once. Regrettably, the DVSA cancelled two tests booked for 28 th May 2025 and 9 th July 2025. However, despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (e) That the refusal of a second licence does not bar the Appellant from attempting the Part 3 test. He does not need to hold a trainee licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. By way of example, some trainees acquire registration without obtaining any licences at all, and it is open to an individual to attend a training course, or study or practise with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). Legal Framework

10. 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 that person is the holder of a current licence issued under section 129(1) of the Act .

11. 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.”

12. 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’).

13. 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 .

14. 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.

15. 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.”

16. 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)).

17. 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.”

18. 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.

19. 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.

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

21. The Appellant submits that the lack of available Part 3 test dates has resulted in him having been unable to secure more than one Part 3 test date over the 12 months that he has had a trainee licence. It is accepted by the Respondent that two Part 3 tests were cancelled by the DVSA during this period on 28 th May 2025 and 9 th July. However, the Appellant then managed to take his Part 3 test on 15 th July 2025, which was within a week of the last cancelled test. Unfortunately, the Appellant failed that test.

22. It is unclear why the Appellant’s first Part 3 test date was not originally due to take place until 28 th May 2025 when he passed his Part 2 test on 18 th July 2024, but this may well explain why the Registrar decided to grant him a second trainee licence. The Appellant’s next Part 3 test is due to take place on 21 st January 2026.

23. Despite it being a common misunderstanding, 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. In this instance, the Appellant’s trainee licence has run far beyond the six-month period granted by a single licence. He was granted a second licence, which granted him a further six-month period which was due to expire on 1 st September 2025. As his application for a third licence was made before the expiry of his second licence, his second licence has continued to run since that time. The appellant has therefore had the benefit of a further four months in which to gain practical experience of providing instruction for payment, though I do not take this into account in reaching my decision.

24. I have regard to the fact that the Registrar is tasked by Parliament with making decisions on licence applications, and that it was not Parliament’s intention that candidates should be given licences for as long as it takes them to pass the examination. Although the Appellant suggests that he has been hindered in his efforts to become a fully qualified Approved Driving Instructor, he is not prevented from taking two further attempts at the Part 3 test before the two-year period, which started on the date of passing the Part 1 test, expires on 22 nd February 2026. As the Respondent has pointed out, the Appellant does not need to hold a trainee licence in order to take the Part 3 test. Should he fail both of those further attempts, or should he fail to take both opportunities before the deadline of 22 nd February 2026, he will need to restart the entire examination process again, commencing with the Part 1 test. He would not be able to restart the process until 23 rd February 2026, however.

25. Having regard to all of the circumstances of this case, I do not consider that the Appellant’s reasons are such that it can be shown that the Registrar’s decision was wrong.

26. The appeal is dismissed. Signed: Date: Judge Armstrong-Holmes 13 th January 2026