Shane Robert Head v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (the “Registrar”) made on 23 May 2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the “Act”), for two six-month periods from 20 May 2024 to 19 May 2025. He was refused a further licence. The Appellant now appeals the Registrar’s decision.

3. The proceedings were to be held by video (CVP). However, both parties had informed the Tribunal in advance that they would not be attending the hearing. I have therefore considered all the written evidence before making my decision. The Appeal

4. The Appellant’s Notice of Appeal dated 5 June 2025 says that he has only had one attempt at the Part 3 test, he had to cancel a second Part 3 test due to a family bereavement, and that he had experienced difficulties in obtaining test dates in his area. He says he will have no option but to leave the profession if the third licence is refused, and this will also impact his students.

5. The Registrar’s Statement of Case dated 10 October 2025 resists the appeal. The Registrar says that the Appellant has already had the benefit of two trainee licences for 12 months, has failed the instructional ability test twice, and has cancelled three further tests. The Registrar also says that the refusal of a third licence does not bar the Appellant from attempting the instructional ability test, and it is not essential to give professional tuition under licence in order to obtain further training.

6. The Appellant did not provide a Reply. The law

7. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005.

8. A licence under section 129(1) of the Act is granted, “ 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 ”.

9. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the 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, otherwise the whole examination has to be retaken.

10. A candidate may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

11. The powers of the Tribunal in determining this appeal are set out in section 131 of the Act . The Tribunal may make such order as it thinks fit ( section 131(3) ). 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. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. The evidence

12. I have considered a bundle of evidence containing 21 pages.

13. This includes evidence of the Appellant’s full licence history from the Registrar. From this it appears that the Appellant has failed the Part 3 test twice (on 24 January and 8 September 2025) and cancelled three test dates (18 March, 16 June and 14 October 2025).

14. The Appellant has said in his appeal that he cancelled the Part 3 test on 18 March due to a family bereavement. He has not explained why he cancelled two further attempts after submitting his appeal. On 11 November the Appellant sent an email to the Tribunal explaining that he would not be attending the hearing, “ although I’d like it to be taken into account that I have my finally part 3 attempt on the 09/12/25 at 0830 and would very like to keep teaching up until that date as I have no other source of income and risk not being able not having a student available if I cannot keep on teaching ”. Conclusions

15. I note that the Appellant has already had the benefit of two trainee licences covering a period of 12 months which is adequate to prepare for the Part 3 test. He is able to continue to gain experience and take the test without a trainee licence. The Registrar makes the point that the trainee licence is not granted to enable applicants to teach for however long it takes to pass the examinations. I agree that it is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken.

16. I understand that the Appellant cancelled his first attempt at Part 3 due to a family bereavement. However, this does not explain the later cancellations. I also note that he has had the benefit of an ongoing trainee licence while this appeal was being decided. Any third trainee licence for six months would have been due to expire on 18 November 2025, in less that a week’s time. Even if the Registrar had granted a third licence, it would have expired before his final Part 3 attempt on 9 December.

17. The Appellant has not persuaded me that the Registrar’s decision was wrong in any way. In all the circumstances, I agree with the Registrar’s decision and dismiss this appeal.