Melony Holford v Registrar for Approved Driving Instructors

Introduction

1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’), made on 7 th August 2024, to refuse to grant the Appellant a second trainee licence.

2. The Registrar did not appear and was not represented. The Appellant did not attend.

3. The court clerk attempted to call the Appellant on two numbers. She did not answer the phone.

4. A case management direction was sent to the parties on 12 th December 2024, advising them of the hearing date and time. I am therefore satisfied that the parties had notice of the hearing. This Tribunal has been notified that the Registrar has made a decision not to attend trainee license appeal hearings for the foreseeable future.

5. The Appellant originally hoped to extend her license from 15 th July 2024 to 14 th January 2025. At the date of this hearing, two further tests had been booked, one on 18 th October 2024 and one on 3 rd February 2025. The outcome of the second test is not known. By virtue of filing the appeal (on 12th August 2024), she has had the benefit of a license extension until the date of the Tribunal’s decision. She has, therefore, effectively achieved her aim. The full chronology is set out below.

6. Rule 36 allows the Tribunal to continue in the absence of a party if it is satisfied that the party has been notified of the hearing, or that reasonable steps have been taken to notify the party, and it is in the interests of justice to do so.

7. I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed. Both parties were aware of the hearing date and time. To postpone the hearing, of which I am satisfied the Appellant was aware, would potentially extend the period of her trainee license by default until further hearing. It would not be in the interests of justice to allow an extension to the Appellant’s trainee licence (well beyond what was requested in the appeal) in this way.

8. I therefore proceeded to consider the position on the papers before me. Legal Framework

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

10. 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.

11. 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.’

12. 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’).

13. Three attempts are permitted at each part. The Part 3 test must be applied for within 2 years of passing Part 1, failing which the whole examination has to be retaken.

14. 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.

15. 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.

16. 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.

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

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

19. The Appellant passed Part 1 of the Qualifying Examination on 26 th January 2023. The Appellant passed Part 2 on 21 st June 2023.

20. The Appellant was in receipt of a trainee licence which was valid from 15 th January 2024 to 14 th July 2024.

21. On 10 th June 2024 the Appellant applied for a second licence. This application was made before the expiry of the first trainee license.

22. On 15 th July 2024 the Appellant was informed, by the Registrar, that he was considering refusing the application and invited to make representations.

23. The Appellant did not make representations in response and the application was refused on 7 th August 2024.

24. The reason for the Registrar’s decision, in summary, was that the Appellant had already been granted a trainee license of six months’ duration for the purpose of gaining sufficient experience to pass the final part of the ADI qualification.

25. The Appellant failed her first attempt at the Part 3 test on 18 th October 2024. Her second attempt was booked, according to the DVSA printout in the bundle, on 3 rd February 2025. The outcome of that is not known. Appeal to the Tribunal

26. The Appellant filed an appeal against the decision of the Respondent on 12 th August 2024.

27. The grounds of appeal were, in summary, that the Appellant had applied for a second trainee license too early, before her training was finished, but she had been under a large amount of stress owing to her personal circumstances. She alluded to some physical health concerns but did not provide details.

28. The Registrar, in his response, states: 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. Moreover, by virtue of the Appellant having applied for a second licence before the expiry date of the first, that licence has remained in force to the present time and will allow her to continue to give paid instruction until determination of the appeal; c. since passing her driving ability test the Appellant has failed the instructional ability test once. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; d. the refusal of a second licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. She does not need to hold a licence for that purpose, nor is it essential for her 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 her own (provided that she 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. e. It should be noted [ as at 21 st November 2024] that the Appellant has her second attempt at the instructional ability test booked for 03 February 2025. Evidence

29. I read and took account of a bundle of documents. Discussion and Conclusions

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

31. The Appellant has had the benefit of a trainee license since 15 th January 2024.

32. The outcome of the test on 3 rd February 2025 is not known to the Tribunal. The Appellant may have passed the test, failed the test, or not taken the test.

33. If she failed that test, or did not take it, she is now out of time to book a further attempt as the Motor Cars (Driving Instruction) Regulations 2005 state that any attempt at the Part 3 test must be applied for within two years of passing the Part 1 test. In the case of this Appellant that was 26 th January 2023.

34. If she passed that test, her trainee license will have expired on 4 th February and she will now be seeking registration.

35. Even if the test was not taken and was rebooked in time, no evidence before the Tribunal has persuaded me that the decision of the Registrar was wrong.

36. The appeal is therefore dismissed.