Tatjana Hain v Registrar of Approved Driving Instructors [2026] UKFTT 1160 (GRC)

[2026] UKFTT 01160 (GRC)

Case Reference: FT/D/2026/0313

First-tier Tribunal

General Regulatory Chamber

Hearing Heard on: 22 July 2026

Date 20 August 2026

Transport

Before

TRIBUNAL JUDGE KENNETH MULLAN

JUDGE SITTING IN CHAMBERS

Between

TATJANA HAINAppellant

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

Mode of Hearing

[1]The appeal is ALLOWED REASONS Mode of Hearing The proceedings were held using CVP. The tribunal was satisfied that it was fair and just to conduct the hearing this way.

[2]The hearing was conducted by a Judge, sitting alone. The Tribunal was satisfied that it was appropriate to conduct the hearing in this way.

[3]In section 10 of her notice of appeal, the Appellant ticked a box to indicate that she wished her case to be heard without a hearing. There was no representative from the office of the Registrar.

Background

[4]Background 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”.

[5]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.

[6]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 her licence, despite the expiry dates. Of course, if prior to disposal of the appeal she passes the instructional ability and fitness test, she then ceases to be a trainee and is no longer eligible for a further trainee licence. If on the other hand she 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”.

[7]I am aware that when applicants apply for a trainee licence, they sign an application form, which includes a declaration that they have read the Department’s ‘Approved Driving Instructor (ADI) Register Guide’, which is available online. This Guide contains the following advice:

“Tell DVSA if you stop using your trainee licence. This will count in your favour if you need to apply for another licence.”

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

‘(i) The appellant has failed to comply with the conditions of holding a trainee licence. Part 5 (15)(3)(a) of The Motor Cars (Driving Instruction) Regulations 2005 states that a minimum of 20 hours of training must be completed within the first 3 months of the validity of his licence. The appellant had not completed any of training within the 3-month time frame; (ii) 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. (iii) The Appellant has already had three trainee licence [sic] which cover a period of 18 months. Moreover, by virtue of the Appellant having applied for a second licence before the expiry date of the second, 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.’

[9]There is a clear error, on the part of the Registrar, in reason (iii) in the paragraph above. The Appellant has not had the benefit of three trainee licences which cover a period of 18 months. I deal with the actual position in paragraph 11 below.

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

[11]A licence was granted to the Appellant under section 129 of the Act for the purposes of enabling her to undergo the examination of her ability to give instruction in the driving of motor cars and was valid from 11 August 2025 to 10 February 2026. On 27 January 2026, the Registrar received an application from the Appellant for a second licence. Following notification to the Appellant by way of email correspondence dated 4 February 2026 that the Registrar was considering the refusal of her 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 email correspondence dated 16 March 2026. The Appellant has appealed against the decision dated 16 March 2026.

Respondent’s reasons for decision

[12]Respondent’s reasons for decision 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 8 and the following reasons specific to this Appellant:

‘Since passing her driving ability test the Appellant has failed the instructional ability once. (DR7) 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. She does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order 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.’

[13]I have a copy of the DSA print-out, which shows that the Appellant failed the Part III test on 19 March 2026.

Appellant’s submissions

[14]Appellant’s submissions In her notice of appeal, the Appellant made the following submissions:

‘I am writing to appeal the decision to refuse my application for a second trainee licence, as communicated in your letter dated 04 February 2026. I understand that the decision was based on my failure to complete the additional training within the specified timeframe and the lack of evidence provided to support my explanation. I would like to explain that during the past months, I faced an extremely difficult personal situa1ion due to a family member's health issues and the grief that followed their passing. This greatly affected my ability to concentrate fully on my training, which I understand is crucial for meeting the conditions of the first licence. Consequently, I completed all the required 1raining hours slightly later than originally planned. Furthermore, I was actively seeking the opportunity to take the Part 3 test in my surrounding area, but no slots were available. On 17 March, I was fortunate to secure a cancellation and took the test on 19 March. Unfortunately, the test was not successful. I now require additional training and practical experience with students, for which holding a second trainee licence is extremely important. I kindly request that my personal circumstances and genuine efforts to meet the requirements be taken into consideration. I remain fully committed to completing the necessary training, gaining further experience, and successfully passing the final part of the ADI qualifying examination. Thank you for reviewing my appeal, and I sincerely hope for a positive outcome.’

[15]The grounds of appeal reflect, in greater detail, the submissions which the Appellant had made in her written representations to the Registrar.

Reasons

[16]Reasons 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 (‘the 2005 Regulations’). It is as follows: ‘(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.

[17]Regulation 15 (6) of the 2005 Regulations provides: In this regulation— “first relevant date” means—(a) the last day of the period of 3 months beginning on the date when the licence is granted, or

(b) the day on which the licence holder first applies to take the instructional ability and fitness test, whichever first occurs; “second relevant date” means—

(c) the last day of the period of 3 months beginning— (i) on the first relevant date if that date is the expiration of the period of 3 months referred to above, or (ii) in any other case, on the day on which the licence holder first failed the instructional ability and fitness test, or

(d) the first day after the first relevant date on which he applies to take the instructional ability and fitness test; whichever first occurs;’

[18]The effect of the Regulation 15 condition is that the Appellant must have completed the requisite 20 hours of training within three months of the date of issue of her trainee licence. Turning to the record of training ADI 21 document, at pages 19 to 22 of the bundle, it was signed on 26 January 2026. In email correspondence to the Appellant dated 4 February 2026, the Registrar has observed that the Appellant’s trainee licence was issued o the condition that she completed 20 hours of additional training within the first three months of the start date of the trainee licence.

[19]As at the date of this decision the Appellant had had the benefit of a Trainee Licence for 11 months. As such, the Registrar’s argument she has now had more than enough time in which to gain practical experience in giving instruction is a strong one.

[20]The submissions which the Appellant has made in her notice of appeal are:(i) That her ability to concentrate on her training due to a health issue faced by a family member and the subsequent grief on the passing away of that family member affected her ability to concentrate on her training;

(ii) She has now completed all the required training hours, albeit later than originally planned; and

(iii) She is committed to the completion of her necessary training and passing, with success, her Part III examination.

[21]I see no reason why the Appellant is under a duty to provide further details concerning her family member’s health problems and subsequent passing away. That information is personal to her. I accept her evidence in that regard. Those circumstances, her subsequent completion of the relevant, required training hours and her stated commitment to a professional career as an ADI, are sufficient, in my view to mitigate her failure to complete her initial training hours within the specified legislative period and to permit her application for a second trainee licence to be allowed.

[22]Accordingly, the appeal is ALLOWED. Signed Judge of the Upper Tribunal 9 August 2026