Daniel-Florin Constantinescu v Registrar of Approved Driving Instructors [2026] UKFTT 1162 (GRC)

[2026] UKFTT 01162 (GRC)Case Reference: FT/D/2026/0444
First-tier Tribunal
General Regulatory Chamber
Hearing Heard on: 22 July 2026Date 17 August 2026
Transport
Before
TRIBUNAL JUDGE KENNETH MULLAN
Between
DANIEL-FLORIN CONSTANTINESCUAppellantREGISTRAR OF APPROVED DRIVING INSTRUCTORSRespondentDetermined on consideration of the papers alone for AppellantDetermined on consideration of the papers alone for RespondentDecision: The appeal is REFUSED

Decision

[1]The appeal is REFUSED. MODE OF HEARING[2]The proceedings were held using CVP. The tribunal was satisfied that it was fair and just to conduct the hearing this way.[3]The hearing was conducted by a Judge, sitting alone. The Tribunal was satisfied that it was appropriate to conduct the hearing in this way.[4]The Appellant did not participate in the remote oral hearing. In section 10 of his Notice of Appeal, the Appellant ticked a box to indicate that he wanted his appeal to be heard without a hearing. There was no representative from the office of the Registrar.

BACKGROUND

[5]BACKGROUND This appeal is from a trainee driving instructor who was granted two trainee licences under s.129 of the Road Traffic Act 1988 (“the Act”) and was then refused a further licence at the end of the twelve 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 twelve 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]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.”
[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. (iii) The Appellant has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third 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;”
[6]In addition, the Registrar added further reasons which were specific to the individual case. Those discrete reasons are set out in below[7]Two licences were 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 were valid from 20 January 2025 to 19 January 2026. On 5 January 2026 the Registrar received an application from the Appellant for a third licence. Following notification to the Appellant that the Registrar was considering the refusal of his application for the third 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 26 March 2026. The Appellant has appealed against the decision dated 26 March 2026.[8]In his notice of appeal, the Appellant indicated that he did not wish to attend the oral hearing of his appeal but wished the Tribunal to consider the appeal on the papers alone.[9]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: - Since passing his driving ability test the Appellant has failed the instructional ability test twice and cancelled one more such test booked for 1 June 2026. 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 third 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 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.[10]I have a copy of the DSA print-out, which shows that the Appellant failed the Part III test on 30 April 2025 and 15 August 2025. The Appellant had booked a second attempt at the instructional ability test for 1 June 2026 but then cancelled the booking. Another appointment for the Part III test was booked for 14 January 2025 but then cancelled.[11]In his written representations to the Registrar, the Appellant made the following submissions:
‘Thank you for your letter regarding my application and for the opportunity to make representations under Section 129 (8) of the Road Traffic Act 1988. I respectfully request that my application for a third trainee licence be considered due to exceptional circumstances which limited the effectiveness of my previous trainee periods. While I fully acknowledge that two trainee licences are normally sufficient, my training and experience were significantly affected by factors beyond my control, which restricted my ability to gain consistent, high-quality instructional practice. During my previous trainee licences, my progress was disrupted by changes in training arrangements and reduced access to pupils, which limited continuity and the opportunity to consolidate my instructional skills. Despite these challenges, I have continued to develop professionally and have made clear and measurable improvements in lesson planning, risk management, and adapting instruction to pupil needs. I am now at a stage where targeted, structured teaching practice under a trainee licence would directly address the remaining areas identified in my Part 3 attempts. I have a clear plan in place, including regular supervision and focused development objectives, to ensure that any additional trainee period would be used efficiently and solely for the purpose of reaching the required ADI standard. I firmly believe that refusing this application would prevent me from completing my qualification despite the genuine progress made and my continued commitment to meeting DVSA standards. Granting a third trainee licence would provide a fair and proportionate opportunity to demonstrate full competence and successfully complete the ADI qualification process. Thank you for considering my representations. I would be grateful if you would take these circumstances into account when reviewing my application.’
[12]In his notice of appeal, the Appellant made the following submissions:
‘I appeal the Registrar's decision dated 26 March 2026 to refuse my application for a third ADI trainee licence. During my previous trainee licence periods, I experienced a genuine shortage or pupils, which significantly limited my opportunity to gain the practical teaching experience required to successfully complete Part 3 or the ADI qualifying examination. These circumstances were outside my control. I remain fully committed to completing my qualification and believe that granting a further trainee licence would allow me to obtain the necessary experience to pass Part 3.’
REASONS[13]As at the date of this decision the Appellant had had the benefit of a Trainee Licence for over 18 months. In my judgment he has now had more than enough time in which to gain practical experience in giving instruction.[14]The Appellant has not provided any evidence to corroborate his assertion that he has not been able to make bookings for the Part III test. In the DVSA print-out, there is a evidence that the Appellant had a booking for the Part III examination on 1 June 2026 which was then cancelled. This goes against his assertion of non-availability of Part III appointments.[15]In his written representations to the Registrar, dated 7 February 2026, the Appellant has made the following submission:
‘I have a clear plan in place, including regular supervision and focused development objectives, to ensure that any additional trainee period would be used efficiently and solely for the purpose of reaching the required ADI standard.’
[16]Despite this assertion, by 1 June 2026, some five months later, the Appellant had a booking for a Part III examination and cancelled it. There is also no evidence that the Appellant had made any attempt to book the Part III examination for a third time since 2 June 2026.[17]I have also observed that in the bundle of papers, (known as the Statement of Case), prepared for the hearing by the office of Registrar, the Registrar has asserted, without further detail, that prior to the period covering the present proceedings, the appellant had the benefit of two trainee licences from 30 January 2023 to 29 January 2024.[18]As was noted by the Registrar, the refusal of a third 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 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.[19]As noted above, 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.”
[20]The Appellant chose not to return his licence.[21]I have given a degree of credit to the Appellant for his stated commitment to a career as a professional ADI.[22]I uphold the Registrar’s decision and accept and endorse the reasons given for that decision by the Registrar as set out in the Statement of Case. Accordingly, the appeal is dismissed with immediate effect. Kenneth Mullan Judge of the Upper Tribunal 10 August 2026