Jeremy Bond v Registrar for Approved Driving Instructors

Introduction

1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’), made on 6 th January 2025, to refuse to grant the Appellant a third trainee licence.

2. A hearing was listed for 11 th August 2025. The Registrar did not appear and was not represented. The Appellant did not attend and did not respond to calls and an email from the Tribunal clerk.

3. On 26 th June 2025 the Respondent completed a certificate of compliance, noting the hearing date of 11 th August 2025. I am therefore satisfied that the Registrar had notice of the hearing. This Tribunal has been notified that the Registrar has made a decision not to attend trainee license appeal hearings for the foreseeable future.

4. On 28 th March 2025 the Tribunal notified the parties, including the Appellant and the Appellant’s nominated representative, of the appeal date and time. They were warned that the hearing may go ahead in their absence.

5. Rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 allows the Tribunal to continue in the absence of a party if it is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party, and it is in the interests of justice to do so.

6. I noted that the Appellant is due to take his final attempt in two days’ time. If he fails that he is ineligible to book a further test, because he may not do so more than two years after passing Part 1 test, as set out below.

7. I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed. Both parties were aware of the hearing date and time. I therefore proceeded to consider the position on the papers before me. Legal Framework

8. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.

9. 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.

10. 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.’

11. 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’).

12. 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.

13. 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.

14. 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.

15. 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.

16. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. Factual Background to the Appeal

17. The Appellant had not previously been on the Register of Approved Driving Instructors.

18. The Appellant passed Part 1 of the Qualifying Examination on 18 th July 2023. The Appellant passed Part 2 on 25 th October 2023.

19. The Appellant was in receipt of a trainee licences which was valid from 13 th November 2023 to 12 th November 2024.

20. On 7 th November 2024 the Appellant applied for a third trainee licence. This application was therefore made before the expiry of the second trainee license. His license is extended to the date of this decision by virtue of that application.

21. The Appellant failed his first attempt at the Party 3 (instructional ability) test on 12 th August 2024.

22. On 14 th November 2024 the Appellant was informed, by the Registrar, that he was considering refusing the application and invited to make representations.

23. The Appellant made representations on 26 th November 2024. He stated that he had suffered delays in obtaining the part 3 test, which were not as a result of any inaction or failure on his part. The time between passing part 2 and taking part 3 for the first time was ten months. He had been forced to take a second job because of the uncertainty in his licence situation.

24. The application was refused on 6 th January 2025.

25. The reasons for the Registrar’s decision, in summary, were that the Appellant had provided no evidence of lost training time and had had adequate time to gain sufficient experience to pass the part 3 test.

26. The Appellant failed his second attempt at the part 3 test on 5 th March 2025.

27. The Appellant has a third and final Part 3 test booked for 13 th August 2025. Appeal to the Tribunal

28. The Appellant filed an appeal against the decision of the Respondent on 9 th January 2025.

29. The grounds of appeal were, in summary, that he had completed all necessary training but had waited 8 months for a second attempt at the test, which was booked (at the time of filing the appeal) on 8 th March 2025. He was finding the situation stressful and found the uncertainty of his position in the profession placed stress on his family life.

30. The Registrar, in his response, states: a. 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; b. 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. The Appellant has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal; c. since passing his driving ability test the Appellant has failed the instructional ability test twice. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; d. 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. e. it should be noted, as at 26 th June 2025, that the Appellant had a final attempt at the part 3 test booked on 13 th August 2025. Evidence

31. I read and took account of a bundle of documents. Discussion and Conclusions

32. I may overturn the decision of the Registrar if I am of the opinion that it was wrong. The burden is on the Appellant to show this.

33. I note that the Appellant has already had the benefit of trainee licences, initially covering a period from 13 th November 2024 up to today’s date. This has given him 21 months, which should have been adequate time to prepare.

34. The trainee license is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken.

35. The test on 13 th August 2025 is the Appellant’s third and final attempt, after which he will either pass and be registered or he will be ineligible for further attempts.

36. Having failed to attend the listed hearing, the Appellant missed the opportunity to provide me with any additional factors that may assist me to make a decision. On the papers, I am not persuaded that the decision of the Registrar was wrong.

37. In all the circumstances, I agree with the Registrar’s decision and the appeal is dismissed. Signed: Judge Sanger Date: 11 th August 2025