Anthony Basden v Registrar of Approved Driving Instructors [2025] UKFTT 1033 (GRC)

[2025] UKFTT 01033 (GRC)

Case Reference: FT/D/2025/0308

First-tier Tribunal

General Regulatory Chamber

Hearing Heard on: 22 August 2025

Transport

Decision given on: 01 Sept 2025

Before

JUDGE KENNETH MULLAN

Between

ANTHONY BASDENAppellant

REGISTRAR OF APPROVED DRIVING INSTRUCTORSRespondent

Determined on consideration of the papers alone for Appellant

Determined on consideration of the papers alone for Respondent

Decision: The appeal is ALLOWED

Decision

Date 2025-09-01

[1]The appeal is ALLOWED. MODE OF HEARING

[2]The hearing was conducted by a Judge, sitting alone, and was determined on consideration of the papers alone. In his Notice of Appeal, the Appellant had ticked a box to indicate that he wanted his appeal to be decided without a hearing.

BACKGROUND

[1]This appeal is from a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 (“the Act”) and was then refused a further licence at the end of the six months’ period. A licence under s.129(1) 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”.

[2]The circumstances in which trainee licences may be granted are set out in s.129 of the Act and in the Motor Cars (Driving Instruction) Regulations 2005 (“the Regulations”). In order to qualify as an approved driving instructor an applicant must pass the qualifying examination, which is in three parts: the written examination; the driving ability and fitness test; and the instructional ability and fitness test (see reg.3(2)). Each part must be passed in the stated order and before the next part is attempted. Three attempts at each part are permitted but the whole examination must be completed within two years of passing the written examination (but subject to reg.3(4)(c) which permits a further attempt at the Part Three test outside the period if the booking was made within it). Failure so to complete requires the whole examination to be retaken. A trainee licence may be granted under s.129 of the Act once the driving ability and fitness test has been passed. The holding of a trainee licence is not a prerequisite to qualification; on the contrary, many applicants qualify without having held such a licence.

[3]It is self-evident that the grant of a trainee licence enables applicants to instruct for payment before they are qualified. The Appellant did so and failed to pass the instructional ability and fitness test within the six months’ period. The Appellant applied for a further licence prior to the end of this period and by s.129(6) of the Act “where a person applies for a new licence in substitution for a licence held by him and current at the date of application, the previous licence shall not expire until an appeal is finally disposed of”. The effect of this is that the Appellant has been able to continue to instruct under his licence, despite the expiry dates. Of course, if prior to disposal of the appeal he passes the instructional ability and fitness test, he then ceases to be a trainee and is no longer eligible for a further trainee licence. If on the other hand he fails this test after three attempts, the appeal is itself also bound to fail since by reg.13(2)(d) of the Regulations a further trainee licence may not be granted if the instructional ability and fitness test has been failed “more than twice”.

[4]When the Appellant applied for a trainee licence he signed an application form, which included a declaration that he had read the Department’s booklet ADI 14. This booklet contained the following advice:

“If you are not using the licence for any reason, you should return it to us. Although you will not receive a refund for lost training time, we will know that you have not had full use of the licence, and this will be a factor in deciding whether to issue a subsequent licence.”

[5]The Registrar gave the following general reasons for refusal:

“(i) The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration. (ii) The licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction. This provides a very reasonable period in which to reach the qualifying standard in the examination and, in particular, to obtain any necessary practical experience in tuition. Moreover, by virtue of the Appellant having applied for a second licence before the expiry date of the first, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal.”

[6]In addition, the Registrar added further reasons which were specific to the individual case. Those discrete reasons are set out in below:-

[7]A licence was granted to the Appellant under section 129 of the Act for the purposes of enabling him to undergo the examination of his ability to give instruction in the driving of motor cars and was valid from 5 August 2024 to 4 February 2025. On 28 January 2025 the Registrar received an application from the Appellant for a second licence. Following notification to the Appellant that the Registrar was considering the refusal of his application for the second licence, the Appellant made representations to the Registrar. After considering those representations, the Registrar decided to refuse the application and notified the Appellant of that decision by way of correspondence dated 19 February 2025. The Appellant has appealed against the decision dated 19 February 2025.

[8]In the Statement of Case the Registrar has set out the reasons for the refusal of the application. These included the general reasons set out in paragraph 5 and the following reasons specific to this Appellant: - He (the Appellant) did not comply with the conditions of his first trainee licence and did not complete the additional training in time. - Since passing his driving ability test the Appellant has failed the instructional ability test once. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and - The refusal of a second licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence to obtain further training. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.

[9]I have a copy of the DSA print-out, which shows that the Appellant failed the Part III test on 30 April 2025.

[10]In his notice of appeal, the Appellant made the following submissions:

‘I would like to explain in more detail why I am asking for a further driving instructor trainee license. I saw an advert to become a Driving instructor where there were no Fees up front. This was an excellent opportunity for a career move after leaving the Army, I had taken the position of a carer as a stop gap whilst looking for something more substantial. I am a single parent looking after 3 children, the youngest of which unfortunately has autism. I passed my theory test on the 7th of February 2024 and my driving test ability test on the 21st of June 2024 and started on my trainee licence on the 22nd of July 2024. The car I had leased from my driving school English School of Motoring (ESM) was a well-maintained Ford Focus with livery and dual controls. I was approximately six weeks into my Trainee Licence, really enjoying my new job, building my clientele base, when travelling down the motorway the lease car started to lose power. I pulled over to the hard shoulder and called the RAC who took me home to York and dropped the lease car off at a local garage - … - this happened on Friday 30th of August 2024 I contacted my line manager who advised me to wait till SC the owner of ESM returned from his holiday as he wasnot sure which lease company I was with. (It was in fact one of ESM privately owned cars) Mr. C returned from his Holidays on the 10th of September 2024 where my line manager notified him of the breakdown of the car. Mr. C rang me and to discuss the situation and authorised the garage … to repair the vehicle. I informed my students that my car was in the garage, but at that time I could not give a definite date when I would be able to restart their driving lessons. Most students were very understanding. Unfortunately, the garage was exceptionally busy, and the repair was taking longer than first thought and on the 23rd of September the garage notified Mr. C if the work they carried out was not successful then the car would require new engine. (Please see page number 1 car report) Mr. C made the decision to scrap the car, and I used one of lease hire companies, I signed for the Kio Rio hatchback on the 02.10.2024. I had lost 33 days of my trainee licence due to circumstances which were sadly out of my control. A lot of my students had moved to different driving schools, leaving me to build up my clientele all over again, which put a lot of stress on myself due to the financial burden. My trainer had a further operation as his cancer had spread and he was no longer well enough to continue with my training, which ceased on the 26.09.2024. (Please see Page number 2 and 3 ADI 21AT) The remainder of my training was carried out in the Middlesbrough area with a Miss KM dated from the 16.01.2025 to the 22.01 .2025 which was when my trainee licence expired, and I was told to apply for a second trainee licence. This training should have been completed in the first 3 months of my licence but due to the severe illness of my trainer and the car problems this did not happen. (Please see page number 4 copies of my trainer's cancer) I have included some texts from November 2024 through to January 2025 about how I deal with my son K's condition and the appointments I have to attend and as you may appreciate this has been on going but hopefully, he will now settle. This is a further pressure for me. (Please see pages 5-17) I have enclosed my original letter to the DVSA and was advised to add more detail of reasons why I am applying for 2nd trainee licence. (Please see Page 18) I want to emphasis that my request for a second trainee license is made genuinely and in good faith. Due to circumstances beyond my control. I have unfortunately lost a significant portion of my training and training timeframe due to the circumstances I have outlined in this letter. I desperately hope my situation can be taken into account, as I am so keen to continue my progress, the chance to better myself and provide a steady income to support my 3 children. This is a great opportunity for me after serving my country in the Army, and I really want the ability to become a driving instructor.’

[11]As stated by the Appellant attached a number of items of evidence in support of his written submissions.

[12]The submissions made by the Appellant in his Notice of Appeal reflect parallel submissions made by him in his written representations to the Registrar. REASONS

[13]The reference to the Appellant not complying with the conditions of her first licence is connected to the condition set out in regulation 15(3) of the Motor Cars (Driving Instruction) Regulations 2005, as amended. Regulation 15(3) provides:

‘(3) If a person elects in writing at the date of his application for a licence to undertake supplementary training the conditions specified in paragraph (2) above shall not apply to the licence which shall instead be subject to the following conditions, namely that the licence holder must— (a) undertake during the period expiring on the first relevant date not less than 20 hours supplementary training; (b) not later than the day immediately following the first relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received that supplementary training; (c) if he has not passed the instructional ability and fitness test on the first occasion on which he took that test, or (if earlier) by the expiration of a period of 3 months beginning on the date when the licence was granted— (i) undertake during the period expiring on the second relevant date not less than 5 hours further supplementary training; and (ii) not later than the day immediately following the second relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received that further supplementary training.’

[14]As was noted above, the Appellant has already had the advantage of a trainee licence which gave him a period of six months during which he has had the opportunity to giving instruction to members of the public whilst endeavouring to achieve registration. I have noted the Registrar’s submission that this provides a very reasonable period in which to reach the qualifying standard in the examination and, in particular, to obtain any necessary practical experience in tuition.Moreover, by virtue of the Appellant having applied for a second licence before the expiry date of the first, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal. Accordingly, as at the date of this decision the Appellant has had the benefit of a Trainee Licence for 10 months.

[15]Nonetheless, I accept that the Appellant has had difficult issues which have impacted on his ability to undertake training and prepare for the instructional and ability test. Although not required, there is further evidence to corroborate what he has said in his Notice of Appeal, including confirmation of the problems which he had with his car, his trainer’s illness which impacted on his ability to undertake training and his family circumstances.

[16]Further, I have noted his stated commitment to the pursuit of a profession career in the provision of driving instruction and have noted that he made efforts to undertake the required training by engaging another trainer.

[17]In these circumstances, and on balance, I am prepared to ALLOW the appeal. Kenneth Mullan Judge of the Upper Tribunal 27 August 2025