Marcus Taylor v The Registrar of Approved Driving Instructors

This is an Appeal against the decision of the Registrar dated 29 October 2025 that the Appellant should not be granted a third trainee licence.

The Tribunal received and considered a bundle of documents.

A hearing by Cloud Video Platform was listed for 13 April 2026. At the time of the hearing the Appellant did not attend and could not be contacted by telephone. The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.

By rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, a hearing can proceed in the absence of a party if the Tribunal is satisfied that the party had notice of the hearing and that it is in the interests of justice to proceed.

I am satisfied that both parties had notice of the hearing, and that it is in the interests of justice to proceed in their absence, and accordingly that this was a fair and just way to decide the Appeal.

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

A trainee licence may be granted in the circumstances set out in s129 of the Road Traffic Act 1988 (“the Act”) and the Motor Cars (Driving Instruction) Regulations 2005.

A licence under s129(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.”

In order to qualify for registration as an approved driving instructor, applicants must pass the Qualifying Examination. This comprises: a written examination (“Part 1”); a driving ability and fitness test (“Part 2”); and an instructional ability and fitness test (“Part 3”).

Three attempts are permitted at each part. The whole examination must be completed within two years of passing Part 1, failing which the whole examination has to be retaken.

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. Under s129(2) of the Act, the Registrar must grant a licence to an applicant who fulfils specified conditions, including that they have passed Parts 1 and 2. Under s129(3) the Registrar has discretion to refuse an application for a second or subsequent licence.

Under s129(6)(b), where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence will not expire if the Registrar decides to refuse the application, until the time limit for an appeal against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

The powers of the Tribunal in relation to appeals against decisions not to grant trainee licences are set out in s131 of the Act. When making a decision on any such appeal, 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.

The Appellant was granted two consecutive trainee licences valid from 23 September 2024 to 22 September 2025. The Registrar states that two previous licences were granted in the Appellant’s case, valid from 23 April 2022 to 24 April 2023, although he provides no evidence to support this.

The Appellant applied for a further trainee licence on 21 September 2025, and in an email dated 22 September 2025 the Registrar advised that he was considering refusing the application, and invited the Appellant to make representations regarding this. The Appellant made representations in an email dated 6 October 2025. The Registrar wrote to the Appellant by email dated 29 October 2025, refusing the application.

The Appellant appealed to the Tribunal.

The Appellant submits that he has been unable to book a Part 3 test in his local area within an appropriate time.

The Registrar submits that:

The Registrar noted at the time of filing his response to the appeal dated 25 February 2026 that the Appellant did not have a further Part 3 attempt booked.

The Appellant relies solely on the difficulties he has experienced in booking a Part 3 test. His grounds of appeal are copied from the representations made to the Registrar before the Registrar’s decision, and the Appellant has not expanded on these in his appeal or provided any reasons why he considers that the Registrar’s decision is wrong.

He has had substantial training time since September 2024, including during the extension of the validity of his licence during this appeal. As the Registrar submits, a licence is not necessary in order to prepare for Part 3.

Having considered the matters set out above, I find that, although the Appellant had difficulty securing attempts at Part 3, this does not outweigh the Registrar’s reasons for refusing the Appellant a third trainee licence.

Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal.