Ricco Santiago v The Registrar of Approved Driving Instructors

This is an appeal against a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 05 November 2025 to refuse to grant the Appellant a second trainee licence.

A hearing was scheduled via CVP on Wednesday 25 March 2026. The Appellant attended via the live link.

The Respondent did not attend. I was satisfied that the Respondent was notified of the hearing and that it was in the interests of justice to proceed to deal with the case in the absence of the Respondent.

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

A trainee licence may be granted in the circumstances set out in section 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.

A licence under section 129 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”.

In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises of (i) the written examination (Part 1); (ii) the driving ability and fitness test (Part 2); and (iii) the instructional ability and fitness test (Part 3). Three attempts are permitted for each Part. The whole examination must be completed within two years of the applicant passing Part 1, otherwise the whole examination has to be retaken.

A candidate may be granted a trainee licence if they have passed Parts 1 and 2 and meet the conditions outlined in section 129(2) of the Road Traffic Act 1988. However, it is not necessary to hold a trainee licence in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

The powers of the Tribunal in determining this appeal are set out in section 131 of the Road Traffic Act 1988. The Tribunal may make such order as it thinks fit (section 131(3)). In determining the appeal, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence that is available to it. In doing so, the Tribunal gives appropriate weight to the Registrar’s decision as the person tasked by Parliament with making such decisions.

The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant on the balance of probabilities.

The Appellant passed Part 1 of the Qualifying Examination on 07 November 2024. He passed Part 2 on 26 February 2025. He failed his first attempt at his Part 3 on 04 July 2025 and he failed his second attempt at his Part 3 on 03 September 2025.

The Appellant cancelled his Part 3 test on 13 January 2026 and 26 January 2026. His Part 3 test was then fixed for 11 March 2026. However, on 05 March 2026, the DVSA notified the Appellant that his test was being cancelled.

The Appellant has now rescheduled his Part 3 test for 03 June 2026.

The Appellant was granted his first trainee licence on 14 April 2025, with an expiry date of 13 October 2025.

The Appellant applied for his second trainee licence on 23 September 2025. On 15 October 2025, the Registrar notified the Appellant that he was considering refusing his application for a second trainee licence.

On 19 October 2025, the Appellant made written representations to the Registrar that there were exceptional circumstances that had limited his ability to fully utilise the previous trainee licence. He stated that he had been heavily involved in supporting his wife through a lengthy visa application process, and had also been pursuing his own university application. In addition, he had been caring for his wife who had been experiencing medical difficulties, and also dealing with a significant medical complaint himself that had required regular hospital visits and ongoing investigations. He stated that, notwithstanding the challenges, he remained committed to the ADI qualification, and had assisted approximately thirty learner drivers to pass their driving test.

The reasons for the Registrar’s decision on 05 November 2025, in summary, were that the Appellant had failed to comply with the conditions of his first licence and that the evidence that had been provided relating to his wife’s medical condition did not substantiate the assertion that there had been lost practice time.

The grounds of Appeal, dated 12 November 2025, are, in summary:

In his response dated 09 February 2026, the Registrar states:

I read and took account of a bundle of document (44 pages) and I also heard evidence from the Appellant. Prior to the hearing, the Appellant also provided the Tribunal with an email which showed that the DVSA had cancelled his third Part 3 test which was due to have taken place on 11 March 2026.

During the hearing, the Appellant informed me that he had initially been offered a new test date of 09 June 2026 but that he had managed to move that forward to 03 June 2026. He was actively looking for earlier available test dates in York, as he was familiar with the road layout there. He stated that he had done all of his required training, comprising of eleven hours in-car training and nineteen hours of online training. He stated that there had been a combination of factors that had led to lost practice time and the need for a second trainee licence, namely assisting with his wife’s complex visa application, his application process for university, his wife’s health issues and his own significant health issues.

The Appellant stated that he had been very active in his training, with both private lessons and through the organisation. He explained that he had cancelled his Part 3 tests on two occasions in January as he had examinations at university and also a mandatory university appointment.

I have considered carefully all of the evidence before me.

I consider that the Registrar’s refusal to issue a second trainee licence to the Appellant was wrong. I consider that the Registrar failed to take into account, or alternatively did not give sufficient weight, to the medical evidence relied upon by the Appellant to explain the loss of practice time. While I accept the Registrar’s case that a trainee driving instructor is not entitled to a trainee licence for however long that it takes to pass the Part 3 test, I also accept the Appellant’s evidence that his medical condition, in particular, was such that it had more than a minimal impact on his ability to deliver tuition and undertake training.

Accordingly, I allow the appeal. I then consider what order, if any, should be made in respect of the Appellant’s trainee licence and, in particular, whether I should grant any extension.

Section 133(3) of the Road Traffic Act 1988 provides a broad discretion for the Tribunal to make such order as it thinks fit. I am conscious that, as the application for a second licence was lodged before the expiry of the first licence, the Appellant has had the benefit of an extension of his licence for an additional five months. The combined time of the initial validity of the first license and the additional period should have been sufficient to enable the Appellant to book and take up to three Part 3 tests. Whilst I recognise that the Appellant has cancelled two tests, I am satisfied on the balance of probabilities that his reasons for doing so were legitimate. As such, the reason he has not been able to take his Part 3 test on up to three occasions is not solely attributable to his own fault; his most recent test was cancelled and postponed by the DVSA less than a week before it was due to take place. Had it not been for this, any further extension would not have been necessary as the Appellant would either have successfully passed or failed the Part 3 test for the last time on 11 March 2026.

Having weighed all matters in the balance, the Appellant has persuaded me that the Registrar’s decision was wrong. In all of the circumstances, I do not agree with the Registrar’s decision and the appeal is allowed. The Appellant’s trainee licence will now expire on 04 June 2026, which is the day after his final attempt at his Part 3 is scheduled to take place.