Toby Hawkins 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 29 July 2024 to 28 July 2025. He was refused a further licence. The Appellant now appeals the Registrar’s decision.

3. The parties have agreed to a paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended). The Appeal

4. The Appellant’s Notice of Appeal dated 31 July 2025 says that he has only had one attempt at the Part 3 test due to having to wait for 10 months for a test date, he was only two points off passing, he is awaiting a new test date, and he has additional training planned. He says that not having a further trainee licence will impede his professional development, mean he has not source of income, and leave current learners without an instructor. He says that this in incredibly unfair as the delay is caused by the test wait times rather than lack of effort or willingness.

5. The Registrar’s Statement of Case dated 16 October 2025 resists the appeal. The Registrar says that the Appellant has already had the benefit of two trainee licences for 12 months, he has failed the instructional ability test once, and he has a second attempt booked for 11 November 2025. 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. This includes evidence of the Appellant’s full licence history from the Registrar, which shows he failed Part 3 on 3 June 2025 and had another attempt booked on 11 November 2025. Conclusions

13. I do have some sympathy for the Appellant’s position as I am aware that there can be a long wait for a Part 3 test. However, 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.

14. 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. The Appellant has now had the benefit of an ongoing trainee licence while this appeal was being decided. He has also had a second opportunity yesterday to pass the Part 3 test (and I hope that he has been successful).

15. Although I understand it may be frustrating for the Appellant to be prevented from providing instruction for payment once his trainee licence expires, I do not find that any of the reasons put forward in the appeal are sufficient to justify overturning the Registrar’s decision.

16. 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.