Tribunal dismisses appeal over trainee driving instructor licence

Background

The First-tier Tribunal (General Regulatory Chamber) Transport recently delivered a decision in the case of David Crawford vs Registrar of Approved Driving Instructors. The case centred on the refusal of a third trainee licence application by the appellant, David Crawford, who sought to become an Approved Driving Instructor (ADI).

Case Details

The appellant, David Crawford, had previously been granted two trainee licences under Section 129 of the Road Traffic Act 1988. These licences were intended to provide him with practical experience necessary to pass the qualifying examination to become an ADI. The licences were valid from 10 July 2023 to 09 July 2024.

On 23 June 2024, Crawford applied for a third trainee licence. However, the Registrar of Approved Driving Instructors notified him on 05 July 2024 of their intention to refuse the application. Despite Crawford's representations citing illness, an upcoming house move, and a recent autism diagnosis, the Registrar decided to uphold the refusal.

Reasons for Refusal

The Registrar's refusal was based on several grounds. Primarily, the purpose of the trainee licence system is to provide applicants with a limited period to gain necessary experience, not to serve as an indefinite alternative to registration. Crawford had already benefited from two licences over twelve months and had not demonstrated sufficient progress towards passing the instructional ability test.

Furthermore, the Registrar noted that the refusal of a third licence did not prevent Crawford from attempting the instructional ability test or acquiring necessary skills through other means, such as training courses or unpaid practice with an ADI.

Tribunal's Decision

The Tribunal, presided over by Judge Brian Kennedy KC, considered the appeal and the evidence presented. It found that Crawford had not demonstrated that the time provided by the previous licences was insufficient to acquire the necessary experience. The Tribunal also noted that holding a trainee licence was not essential for sitting the instructional ability test.

Ultimately, the Tribunal concluded that the Registrar's decision to refuse the third licence was justified and reasonable, leading to the dismissal of Crawford's appeal.

Conclusion

This case highlights the regulatory framework governing trainee licences for driving instructors and the importance of demonstrating progress within the allotted time. It serves as a reminder that the system is designed to facilitate, not replace, the path to full registration as an ADI.

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