Philippa Crewe 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 24 October 2025 to refuse to grant the Appellant a third trainee licence.

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 s. 129 of the Road Traffic Act 1988 (‘the Act’) and the Motor Cars (Driving Instruction) Regulations 2005.

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.’

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’).

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

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.

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.

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

The Appellant passed Part 1 of the Qualifying Examination on 14 May 2024. She passed Part 2 on 10 July 2024. She failed a first attempt at the Part 3 on 19 March 2025 and failed a second attempt on 10 September 2025. The Driver and Vehicle Standards Agency (“DVSA”) cancelled a Part 3 test scheduled for 25 February 2026. There was a further Part 3 test booked and scheduled to take place on 15 April 2026 but the Appellant was forced to cancel this test due to fracturing her wrist on 20 March 2026 and requiring surgery on 1 April 2026.

The Appellant applied for a trainee licence which was granted and was valid from 23 September 2024 to 22 September 2025 following the application for a second licence.

The Appellant, applied for a third trainee licence on 28 August 2025 which was refused by the Registrar.

The reasons for the Registrar’s decision, in summary, were that the Appellant had already had a sufficient amount of time to gain experience to assist in passing Part 3 of the Qualifying Examination and that it was not the intention of Parliament that candidates should be issued with trainee licences for as long as it takes them to pass the examination, and that the trainee licence system must not be used as an alternative to registration as a fully qualified Approved Driving Instructor.

The original grounds of appeal were that the delays obtaining a Part 3 test date had significantly impacted the Appellant’s performance as the delays add pressure and stress in relation to the forthcoming expiry of a trainee licence. She considered that the delays meant that too much time passes between attempts at the test without being able to check one's progress.

The Registrar in his response states:

However, circumstances have now changed, and the grounds of appeal are that the Appellant has a fractured wrist and a medical certificate which signs her off work and means she is unable to provide tuition for at least 8 weeks from the date of her surgery on 1 April 2026.

I read and took account of a bundle of documents and heard submissions from the Appellant in relation to her progress and her injury.

The Appellant has failed two Part 3 tests. However, I note that the Appellant has now suffered an injury which significantly inhibits her ability to provide driving tuition to a standard which will adequately prepare her for passing her final attempt at the Part 3 test.

Whilst I accept that the trainee license is not a substitute for taking and passing the test, the unique circumstances of this case mean that I am satisfied that it is fair and in the interests of justice to allow the Appellant a further trainee licence for a period of 6 months from the date of this decision, expiring on 5 November 2026.

This should provide ample time and opportunity for the Appellant to recover from her injury and secure a date for her final attempt at the Part 3 test.

The Parties are reminded that pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations an application to take the instructional ability and fitness test must be made within 2 years of passing the written examination, failing which the whole examination has to be retaken.

Accordingly, I allow this appeal and direct that the Appellant’s trainee licence is extended to 5 November 2026.