Darren Warmington-Lowe v Registrar of Approved Driving Instructors
[2024] UKFTT 607 (GRC)
Scott Anderson v Registrar of Approved Driving Instructors
9 July 2024
[2024] UKFTT 602 (GRC)
First-tier Tribunal
A driving instructor wanted a third licence to practice before his final test. The judge said he'd already had enough practice time with two previous licenses and didn't need another one to take the test, so they refused his request.
Key Facts
- •The appellant appealed the Registrar of Approved Driving Instructors' refusal of his application for a third trainee licence.
- •The appellant had previously held two trainee licences for 12 months each.
- •The appellant argued he needed more time to improve his instructing skills before taking the Part 3 driving instructor exam.
- •The Registrar refused the application citing sufficient training time and the unnecessary nature of a trainee licence for taking the Part 3 exam.
- •The appellant did not provide evidence of lost training time despite claiming difficulties with his franchise and car trouble.
Legal Principles
Granting of trainee licences is governed by section 129 of the Road Traffic Act 1998 and the Motor Cars (Driving Instruction) Regulations 2005.
Road Traffic Act 1998, Motor Cars (Driving Instruction) Regulations 2005
The qualifying examination consists of three parts, and candidates have three attempts at each part within a two-year timeframe.
Motor Cars (Driving Instruction) Regulations 2005
The purpose of a trainee licence is to gain practical experience before the Part 3 practical test, not as a means to indefinitely delay registration as a fully qualified ADI.
Case reasoning and statutory interpretation
The appellant bears the burden of proving the Registrar's decision was wrong on the balance of probabilities.
Case law principle on appeals
Outcomes
The appeal was dismissed.
The appellant had already benefited from two 12-month trainee licences, providing sufficient time. A trainee licence isn't required to sit the Part 3 exam, and the appellant hadn't demonstrated sufficient reasons for needing a third licence.
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