Tribunal Upholds Decision Against Trainee Licence for Driving Instructor

Tribunal Upholds Decision Against Trainee Licence for Driving Instructor

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal by Callum Patrick Nolan against the decision of the Registrar for Approved Driving Instructors. The Registrar had refused to grant Nolan a third trainee licence, a decision that was upheld by the Tribunal.

The case centred around Nolan's attempt to secure a third trainee licence after failing to pass the instructional ability and fitness test, known as Part 3 of the Qualifying Examination for driving instructors. Nolan had previously been granted two trainee licences, which allowed him to provide instruction for payment while preparing for the Part 3 test.

Under the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence is intended to help applicants gain practical experience in instructing before they qualify as Approved Driving Instructors. Candidates are allowed three attempts at each part of the Qualifying Examination, which must be completed within two years of passing Part 1.

Nolan had passed Part 1 in December 2022 and Part 2 in April 2023. He attempted Part 3 in May 2024 but failed. A subsequent test scheduled for August 2024 was cancelled by Nolan himself. Despite having two trainee licences from July 2023 to July 2024, Nolan sought a third licence, citing a road traffic accident in April 2024 that allegedly disrupted his training schedule.

The Registrar refused the application on 8 August 2024, noting that Nolan had not provided evidence of lost training time or lack of pupils. The Registrar also highlighted that Nolan had already benefited from twelve months of training under two licences and had cancelled a scheduled test himself.

In his appeal, Nolan argued that he faced difficulties in securing a test date and that the accident had impacted his confidence and ability to prepare. However, the Tribunal found that the purpose of the trainee licence system was not to allow indefinite attempts at passing the examination but to provide a reasonable period for gaining necessary experience.

The Tribunal noted that Nolan had ample opportunity to prepare for the Part 3 test during the period he held the trainee licences. It also pointed out that Nolan could continue to prepare for the test without a trainee licence, as he could still practice and study with a qualified instructor or attend a training course.

Judge Bridget Sanger, presiding over the case, concluded that Nolan had not met the burden of proof to demonstrate that the Registrar's decision was wrong. The Tribunal's decision emphasised that the trainee licence system should not be used as an alternative to becoming a fully qualified instructor.

The appeal was thus dismissed, reinforcing the principles governing the issuance of trainee licences and the expectations for candidates seeking to become Approved Driving Instructors.

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