Peter Toms-Welsh v Registrar for Approved for Driving Instructors

Introduction

1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’), made on 29 th July 2025, to refuse to grant the Appellant a third trainee licence.

2. The matter was considered on the papers. Legal Framework

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

4. 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.

5. 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.’

6. 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’).

7. Three attempts are permitted at each part. The final Part 3 test, must be booked within 2 years of passing Part 1. If it is not passed, the whole Qualifying Examination has to be retaken.

8. 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.

9. 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.

10. 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.

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

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

13. The Appellant passed Part 1 of the Qualifying Examination on 7 th November 2023 and Part 2 on 20 th May 2024.

14. The Appellant was in receipt of a six month trainee licence which was valid from 5 th August 2024 and which was later extended by the Respondent until 4 th August 2025.

15. The Appellant failed his first attempt at part 3 on 13 th February 2025.

16. On 1 st July 2025 the Appellant applied for a third trainee licence. This application was therefore made before the expiry of the second trainee license. That license is extended to the date of this decision by virtue of this application.

17. On 29 th July 2025 the Appellant was informed, by the Respondent, that he was considering refusing the application and invited to make representations.

18. The Appellant made representations to the Respondent on 3 rd July 2025. He stated that the delay in being able to book a test had hindered his preparation and, this being his only job, the Appellant had financial commitments that he would not be able to meet without holding a further trainee license.

19. The application was refused on 29 th July 2025. The reasons for the Respondent’s decision were that no evidence had been provided of lost training time and the Appellant had had ample time to become competent and pass the part 3 test.

20. The Appellant has a final attempt at the Part 3 test booked on 15 th December 2025. Appeal to the Tribunal

21. The Appellant filed an appeal against the decision of the Respondent on 1 st August 2025.

22. The grounds of appeal were, in summary, that: a. The Appellant was already four months into his second six months’ trainee license when he received a date for the part 2 test, which was placed on hold; had that been received earlier an application for a third six months would not have been required; b. The Appellant is working full time as a driving instructor and needs to be able to teach for reward in order to retain students and prepare for his part 3 test; c. The DVSA is struggling to meet demand for tests and the Registrar should show more support for trainees.

23. The Respondent, in his response, stated: 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 twice. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and 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. Evidence

24. I read and took account of a bundle of documents prepared by the Respondent. Discussion and Conclusions

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

26. I accept the evidence of the Appellant with regard to the delays in obtaining a test date and the difficulties that failing to maintain his practice that would cause him in preparing for a test.

27. 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.

28. However, the test on 15 th December is the Appellant’s third and final attempt. After that he will either pass and be registered or he will be ineligible for further attempts.

29. The Appellant has provided me with evidence which persuades me that the decision of the Registrar was wrong.

30. I allow the appeal accordingly. The trainee license shall be extended until 15 th December 2025 to allow the Appellant to take his test on that date.