Jade Morley v Registrar of Approved Driving Instructors

Introduction

1. The Appellant is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (the “Act”), for two six-month periods from 20 May 2024 to 19 May 2025. She was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 3 June 2025. The Appellant now appeals that decision. Legal Framework

2. In order to qualify as an Approved Driving Instructor, applicants must pass the ‘Qualifying Examination’ comprised of three parts: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’). The whole qualifying examination must be completed within two years of passing Part 1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years.

3. If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act : ‘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.’

4. This is commonly known as a trainee licence. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

5. By section 129(3) of the Act "The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."

6. By section 129(8) (c) of the Act "before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."

7. By section 129(6) of the Act :- "Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire— (a)until the commencement of the new licence, or (b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."

8. Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar’s decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give appropriate weight to the Registrar’s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. The Decision

9. On 7 May 2025, the Registrar informed the Appellant that he was considering refusing her application for a third trainee licence. The Appellant made representations on 8 May 2025 that: (a) It had taken her longer to prepare for her Part 3 test because she took time off with her family after suffering a bereavement and then finding out she had complications in her pregnancy, with the baby potentially having a poorly heart; (b) She had a test booked and on hold; and (c) She had booked and paid for extra training to complete the test at the first available opportunity.

10. On 3 June 2025, the Registrar notified the Appellant that it refused her application for a third trainee licence. The notice of refusal states the reasons for the refusal as: (a) No evidence was provided to support her claims or to show lost practice time. (b) The Appellant had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time. (c) It was not Parliament’s intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor. The Appeal

11. The Appellant’s notice of appeal dated 16 June 2025 relies on the following grounds as reasons for the appeal: (a) It had taken her longer to prepare for her Part 3 test because of a bereavement and then finding out her unborn baby has a poorly heart; and (b) She had a test booked and on hold.

12. The Registrar’s statement of case dated 28 October 2025 resists the appeal. The Registrar states that: (a) The Appellant provides no evidence of lost training time or lack of pupils. (b) She has had the benefit of two licences for twelve months. (c) 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. (d) 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. The Appellant was given two trainee licences totalling twelve months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the first, that licence has remained in force to the present time and will allow her to continue to give paid instruction until determination of the appeal. (e) Since passing her driving ability test the Appellant has failed the instructional ability test once and cancelled a test scheduled for 11 September 2025. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (f) The refusal of a third 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 her 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 she 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. (g) The Appellant has not yet booked her second attempt at the Part 3 test. The evidence

13. The Tribunal considered a bundle of evidence containing 20 pages, including the Appellants full trainee licence history from the Registrar.

14. At the hearing, the Appellant clarified that her father-in-law had died on 31 August 2024, soon after being diagnosed with cancer. She took her test on 6 September 2024, not knowing that she could cancel it. After she failed, she then took time off to spend with her family.

15. She said that she found out she was pregnant around Christmas 2024. Her pregnancy was complicated – her baby was found to have a poorly heart - so she was “back and forward to hospital”, which affected her ability to practise for the test.

16. The Appellant further confirmed that her baby was born on 15 August 2025 and discharged on 31 August after having open heart surgery. However, she had to travel from her home in Mansfield to hospital in Leicester every other day for appointments. Recently those appointments have become less frequent so she is now able to think about preparing for the test.

17. The Appellant said that she cancelled the test scheduled for 11 September 2025 whilst still in hospital after the birth of her baby, not knowing when they would be discharged.

18. The Appellant said that she was not aware that she could have applied to suspend her licence when her personal circumstances prevented her using it to prepare for her test. Tribunal’s Findings of Fact

19. The Appellant passed her Part 1 Test on 10 February 2024 and Part 2 Test on 5 April 2024. The Appellant’s first trainee licence was granted on 20 May 2024 for a period of six months. She failed her Part 3 Test on 6 September 2024 6 days after suffering a bereavement. She did not cancel that test because she did not know that she could.

20. The Appellant was granted a second trainee licence that was due to expire on 19 May 2025. During this period, she found out that she was pregnant and that her baby had a heart condition. Pregnancy complications and hospital appointments affected her ability to prepare for the test.

21. She applied for a third licence on 7 May 2025. The Registrar refused on 3 June 2025.

22. The Appellant’s baby was born on 15 August 2025 needing open heart surgery. The Appellant and her baby were discharged on 31 August 2025 but needed to travel from home in Mansfield to hospital in Leicester every other day until recently.

23. The Appellant cancelled the test scheduled for 11 September 2025 because she did not know at the time of cancellation when she would be discharged from hospital. She would not have been able to prepare for that test in any event. It is only recently that her baby’s appointments have reduced to the extent that she is able to prepare for her test. Conclusions

24. The Tribunal considered the Appellant’s points of appeal.

25. The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 Test. Trainee licence holders can apply for a suspension of their licence if circumstances prevent them using it to prepare for the Part 3 test but the Appellant was not aware of this.

26. The Appellant has already had the benefit of two trainee licences covering a period of twelve months from 20 May 2024 to 19 May 2025. Additionally, by applying for a third trainee licence the Appellant has had the benefit of s.129(6) (b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a further period of six months). Had the third trainee licence been granted, this would have expired today.

27. However, as a result of difficult personal circumstances, the Appellant has not been able to use the extended second licence period to prepare for her test. The Registrar refused the application for a third licence because it said that no evidence was supplied, but no evidence was sought. That decision was therefore wrong.

28. I have considered the decision afresh. It is not necessary to hold a trainee licence in order to either prepare for or to take the Part 3 test – only to receive payment for providing lessons. A trainee licence must not become an alternative to qualification by passing the Part 3 test. It was not the intention of Parliament that trainee licences be renewed until all attempts at passing Part 3 have been taken.

29. However, the Appellant has not had the benefit of the second licence the Registrar agreed was appropriate in her circumstances. She was not aware that she could apply to suspend that licence. She was not informed that the Registrar required her to supply evidence to support her representation that she was not able to use that time to train. She has now provided that evidence in her oral submissions to the Tribunal: she lost training time due to a combination of pregnancy related illness and caring responsibilities for a very sick newborn. It would be unjust not to grant a third licence in these circumstances.

30. The Appellant passed her Part 1 test on 10 February 2024 and so the two-year period within which she must have passed both the Part 2 and Part 3 tests expires on 9 February 2026.

31. I therefore allow this appeal and substitute a decision granting a third licence from today, 18 November 2025, to allow the Appellant to obtain further practical experience before her second attempt at the Part 3 test. That licence must however expire on 9 February 2026. Signed Date: 18 November 2025 Judge Taft