Driving Instructor Trainee Licence Appeal: Tribunal Overturns Refusal Due to Personal Circumstances

Neutral citation number: [2026] UKFTT 00902 (GRC) Case Reference: FT/D/2026/0086 First-tier Tribunal (General Regulatory Chamber) Transport Heard via Cloud Video Platform Decision given on: 22 nd June 2026 Before JUDGE PERI MORNINGTON Between [APPELLANT] Appellant and REGISTRAR FOR APPROVED DRIVING INSTRUCTORS Respondent Representation: For the Appellant: In person For the Respondent: Did not appear Decision: The appeal is allowed. Mode of hearing: The Tribunal was satisfied that it was fair and just to conduct the hearing using Cloud Video Platform (CVP). The Respondent has indicated that it does not intend to appear at hearings of this nature for the foreseeable future. REASONS Introduction 1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 13 January 2026 to refuse to grant the Appellant a second trainee licence. Legal Framework 2. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.

3. A trainee licence may be granted in the circumstances set out in s. 129 of the Road Traffic Act 1988 (‘ the Act ’) and the Motor Cars (Driving Instruction) Regulations 2005.

4. 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.’ 5. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’).

6. Three attempts are permitted at each part. The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken.

7. If a candidate has passed Part 2, they may be granted a trainee licence. 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.

8. The powers of the Tribunal in determining this appeal are set out in s.131 of the Act . The Tribunal may make such order as it thinks fit.

9. 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. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. Factual Background to the Appeal 10. The Appellant passed Part 1 of the Qualifying Examination on 29 August 2024. He passed Part 2 on 28 January 2025. He has failed two attempts at the Part 3 test on 16 April 2025 and 3 February 2026. The Appellant has cancelled 2 more such tests.

11. The Appellant applied for a trainee licence which was granted and was valid from 10 March 2025 to 9 September 2025.

12. The Appellant, applied for a second trainee licence on 3 December 2025 which was refused by the Registrar.

13. The reasons for the Registrar’s decision, in summary, were that although the Appellant had provided medical evidence, this did not explain the impact on the Appellant’s training or why he was unable to comply with the additional training requirements during the first licence (which, the Respondents notes was completed after the expiry of the first licence) and that it was not the intention of Parliament that candidates should be issued with trainee licences for as long as it takes them to pass the examination, and that the trainee licence system must not be used as an alternative to registration as a fully qualified Approved Driving Instructor. Appeal to the Tribunal 14. The original grounds of appeal were that the Registrar’s decision was wrong in that the Appellant had provided medical evidence which properly explained why his conditions and circumstances had had an impact upon his training.

15. The Registrar in his response states: a. The appellant has failed to comply with the conditions of holding a trainee licence. Part 5 (15)(3)(a) of The Motor Cars (Driving Instruction) Regulations 2005 states that a minimum of 20 hours of training must be completed within the first 3 months of the validity of his licence. The appellant completed 0 hours of training within the 3-month time frame. b. The appellant has provided some medical evidence, but this does not substantiate how much time was lost or explain the impact on their training and why they could not comply with these condition c. 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. d. 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. 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. e. Since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled two more such tests. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. f. The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. 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. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. Evidence 16. I read and took account of a bundle of documents which includes the medical evidence relied upon by the Appellant and heard submissions from the Appellant. Discussion and Conclusions 17. The Appellant has failed two Part 3 tests and cancelled 2 Part 3 tests. However, I heard from the Appellant regarding his medical conditions for which he was under the care of his GP and also his caring responsibilities for his mother and brother.

18. Whilst I accept that the trainee license is not a substitute for taking and passing the test, the unique circumstances of this case mean that I am satisfied that it is fair and in the interests of justice to grant the appeal and allow the Appellant a second trainee licence. I consider that the Registrar failed to properly consider the Appellant’s personal circumstances and did not attach appropriate weight to the medical evidence provided when making his decision.

19. The appellant has his third and final attempt at the Part 3 test booked for 12 August 2026.

20. The Parties are reminded that pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations an application to take the instructional ability and fitness test must be made within 2 years of passing the written examination, failing which the whole examination has to be retaken.

21. Accordingly, I allow this appeal and direct that the Appellant is granted a second trainee licence with effect from the date of this Decision. Signed: Judge Peri Mornington Date: 12 June 2026