Dane Bentley v Registrar of Approved Driving Instructors
[2024] UKFTT 763 (GRC)
Kate Rowlands v Registrar for Approved Driving Instructors
28 June 2024
[2024] UKFTT 559 (GRC)
First-tier Tribunal
A driving instructor trainee failed her final driving test twice. She wanted a third trainee license to continue teaching and earn money while she studied. The judge said no, because she'd already had enough time to pass the test with two previous licenses. The trainee licenses are to help people learn, not to delay the test forever.
Key Facts
- •Kate Rowlands appealed the Registrar's refusal to grant her a third trainee driving instructor licence.
- •She passed Parts 1 and 2 of the ADI qualifying examination but failed Part 3 twice.
- •Several Part 3 tests were cancelled, some by the DVSA and some by the Appellant.
- •She had already held two trainee licences for a total of 18 months.
- •The appeal was heard on June 26th, 2024, and the decision was given on June 28th, 2024.
Legal Principles
Grant of a trainee licence enables instruction for payment before qualification, as per s. 129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1988, Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts as the Registrar, making a fresh decision on available evidence, weighing the Registrar's decision appropriately. The burden of proof is on the Appellant.
s.131 of the Road Traffic Act 1988
The purpose of trainee licences is to provide opportunity for instruction while pursuing registration, not to extend examination attempts indefinitely.
Registrar's submission
Outcomes
Appeal dismissed.
The Appellant had already benefited from two 12-month trainee licences, providing sufficient time to prepare for and pass Part 3. The Tribunal found that the trainee licence is not a substitute for passing the test and that extending it indefinitely is not its purpose. While test cancellations were unfortunate, they contributed to the delay.
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