Anastasia Barbalat v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made on 04/04/2025 to refuse to grant the Appellant a second trainee licence.

2. The Appellant is a trainee driving instructor who has previously been granted 1 trainee licence under section 129 of the Road Traffic Act 1988 (the "Act"). This licence ran between 16/09/2024 and 15/03/2025. The Appellant applied for a second trainee licence on 12/03/2025. This application was refused by the Registrar on 04/04/2025. The Appellant now appeals the Registrar's decision.

3. The Appellant requested that the appeal be decided without a hearing. The Respondent did not request an oral hearing. The Tribunal had the benefit of the Respondent’s response and the reasons for the Appeal. I did not consider that further information was required from either party, in order to make an informed decision. I am therefore satisfied that I could properly determine the issues without a hearing in accordance with Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The law

4. 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.

5. 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 Part 3 test must be booked within two years of passing Part 1, otherwise the whole examination has to be retaken.

6. 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". The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.

7. 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 take the Part 3 test or qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

8. 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

9. I have considered a bundle of evidence containing 25 pages. Whilst reference is not made to each individual piece of evidence considered in this decision notice, I have carefully considered all of the evidence in the hearing bundle.

10. The appellant submits that there are exceptional circumstances which warrant granting a second licence. Due to significant delays and backlog in test availability they were unable to attempt a test within the initial six month period. At the time of the appeal was submitted the Appellant was currently waiting to take their first attempt on 2 May 2025. Providing driving tuition is currently their only source of income. The refusal of a second trainee licence will leave them unstable and unable to work and earn a living.

11. That respondent submits that the reasons for refusal are that 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 to obtain any necessary practical experience in tuition. The Appellant has already had 1 trainee licence which cover a period of 6 months. Since passing their driving ability test, the Appellant has failed the instructional ability test once (the test booked in May 2025) and has a further test booked for 18 November 2025 (the day after the appeal was listed for a paper determination).

12. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. The refusal of a second licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on their own (provided that they do not receive payment of any kind for this).

13. I do not know at the date of this decision whether the further Part 3 test date booked for 18/11/2025 was completed or whether the Appellant has passed or failed. However, whilst I accept that the matters are finely balanced and there have been nationwide problems with booking tests, I have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or a lack of pupils and they have had the benefit of 1 trainee licence for 6 months. Trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience in order to pass the Part 3 test. Therefore, the Registrar’s decision to refuse to grant a second trainee licence in April 2025 was correct.

14. I note that the Appellant has had the benefit of a continuing licence running from the refusal in April 2025, to the date of this decision. This should have provided ample additional time to accept paid instruction to gain experience for the test booked for 18/11/2025. I also note that the Appellant only has one available attempt left at the Part 3 test if they did not pass.

15. The appeal is therefore dismissed and the Respondent’s decision of 04/04/2025 is upheld. Signed Judge Dwyer Date: 19/11/2025