Kate Rowlands v Registrar for Approved Driving Instructors
[2024] UKFTT 559 (GRC)
Reece Wilson Bailey v Registrar for Approved Driving Instructors
11 November 2024
[2024] UKFTT 1014 (GRC)
First-tier Tribunal
A driving instructor failed his final test twice, even after getting a 6-month license to practice teaching. He claimed problems booking the test, but the judge said he had enough time to practice and pass, and that the license wasn't meant for multiple attempts at the final test. He lost the appeal.
Key Facts
- •Reece Wilson Bailey appealed the Registrar of Approved Driving Instructors' refusal to grant a second trainee licence.
- •Bailey passed Parts 1 and 2 of the ADI Qualifying Examination but failed Part 3 twice.
- •His first trainee licence (August 2023 - February 2024) was granted for six months but he failed to complete training objectives within the first three months.
- •He applied for a second trainee licence before the first expired and subsequently a third but this was refused.
- •Bailey cited DVSA test cancellations as the reason for not completing Part 3 within the initial six months.
- •The Registrar argued that six months is adequate time to gain experience and pass Part 3, and that the licence system isn't a substitute for passing the examination.
Legal Principles
Grant of trainee licence under s. 129 Road Traffic Act 1988 and Motor Cars (Driving Instruction) Regulations 2005 to gain practical experience before the practical driving test.
Road Traffic Act 1988, s. 129; Motor Cars (Driving Instruction) Regulations 2005
The Tribunal acts as the Registrar, making a fresh decision, giving weight to the Registrar's decision. The Appellant bears the burden of proof.
Road Traffic Act 1988, s. 131
Outcomes
Appeal dismissed.
The Tribunal accepted the Registrar's decision, finding that Bailey had not demonstrated the Registrar's decision was wrong. Despite DVSA cancellations, Bailey had sufficient time to prepare and take the Part 3 test; failure to complete training objectives within the first three months of the first licence was noted; and the trainee licence is not designed for repeated renewal until passing Part 3.
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