Phiilp Alcock v The Registrar of Approved Driving Instructors
[2024] UKFTT 533 (GRC)
Ross Allan v Registrar of Approved Driving Instructors
25 October 2024
[2024] UKFTT 915 (GRC)
First-tier Tribunal
A driving instructor trainee failed to finish his training on time, even though he was given extra time. He asked for a second license, but the judge said no because the rules say you have to finish training within a certain time. The judge thought he'd had plenty of time and didn't need a second license to take his test.
Key Facts
- •Ross Allan appealed the Registrar of Approved Driving Instructors' refusal to grant him a second trainee licence.
- •Allan's first trainee licence, granted under Section 129 of the Road Traffic Act 1988, expired on 29 April 2024.
- •He failed to complete the training objectives within the first three months of his licence, as required by Regulation 15, Chapter 3(b) of The Motor Cars (Driving Instruction) Regulations 2005.
- •Allan cited personal circumstances (wife's illness and child's surgery) as reasons for the delay.
- •He had failed two attempts at the instructional ability test (part 3) and cancelled several others.
Legal Principles
Section 123(1) of the Road Traffic Act 1988 prohibits paid driving instruction unless the instructor is registered or holds a current licence under Section 129(1).
Road Traffic Act 1988
Trainee licences under Section 129 of the Road Traffic Act 1988 are intended to provide up to six months of experience to prepare for the ADI examination, not to indefinitely extend instruction.
Road Traffic Act 1988, Section 129
Regulation 15, Chapter 3(b) of The Motor Cars (Driving Instruction) Regulations 2005 requires supplementary training evidence within three months of the licence grant.
The Motor Cars (Driving Instruction) Regulations 2005
A trainee licence is only issued to gain practical experience for the instructional ability test (part 3); it is not required to sit this test.
The Motor Cars (Driving Instruction) Regulations 2005
Outcomes
The appeal was dismissed.
The appellant failed to comply with the conditions of his first trainee licence by not completing training within the required timeframe. His personal circumstances, while acknowledged, did not justify the non-compliance. He had ample time to complete the training and was not permanently barred from taking the test.
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