Tribunal dismisses appeal for third trainee driving licence

Tribunal dismisses appeal for third trainee driving licence

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal by Thomas Ward against the Registrar of Approved Driving Instructors. The case, heard on 27 January 2025 via Cloud Video Platform, centred on the Registrar's decision to refuse Ward a third trainee driving licence. The judgment was delivered on 21 February 2025 by Judge Maton.

Ward, representing himself, argued that the refusal of a third licence was unjust due to unreasonable waiting times for Part 3 tests, limited and costly instructor training, and the financial impracticality of training students without a licence. He also expressed concern about letting down students with whom he had established relationships.

The Registrar, who did not attend the hearing, maintained that the purpose of trainee licences is to provide applicants with the opportunity to gain practical experience while working towards registration. The Registrar emphasised that the system should not become an alternative to registration and that licences are intended to allow up to six months of instructional experience.

Ward had previously been granted two consecutive trainee licences from 14 August 2023 to 13 August 2024. He applied for a third licence on 9 August 2024 but was informed by the Registrar on 25 September 2024 that his application was refused. Ward then appealed this decision to the Tribunal.

The Tribunal considered the relevant law, including the provisions of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. Under these regulations, the Registrar has the discretion to refuse a second or subsequent trainee licence application. The Tribunal's role was to reassess the evidence and make a fresh decision, giving due weight to the Registrar's original decision.

During the hearing, Ward expanded on the challenges he faced, particularly the delays in booking Part 3 tests and the associated costs of training. Despite these challenges, the Tribunal found that Ward had opportunities to prepare for the tests, having booked and attempted two Part 3 tests, although unsuccessfully.

Judge Maton concluded that while Ward faced significant waiting periods for test bookings, this did not prevent him from utilising the licences he had been granted to prepare for the tests. The Tribunal noted that licences are not intended to allow indefinite teaching until the tests are passed. Consequently, the Tribunal upheld the Registrar's decision to refuse the third licence application.

This decision highlights the regulatory framework governing the issuance of trainee driving licences and underscores the importance of adhering to the structured pathway towards becoming an approved driving instructor.