David Michael Herdman v Registrar of Approved Driving Instructors

Introduction

1. Mr Herdman 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 26 August 2024 to 25 August 2025. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 24 October 2025. Mr Herdman 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, he 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 Mr Herdman. The Decision

9. On 27 August 2025, the Registrar informed Mr Herdman that he was considering refusing his application for a third trainee licence. Mr Herdman made representations on 10 and 11 September 2025 that: 1.1. Despite making every reasonable effort to secure a test date, he was unable to obtain a date within the validity of his licence; 1.2. His vehicle required a complete engine replacement and was off the road between February and June 2025, rendering it unavailable for instruction; 1.3. He is a carer for his disabled father, who lives a 45 minute drive away – this has caused him to miss practice; and 1.4. He has arranged for a carer for his father, meaning that he can now dedicate more time to prepare for the test.

10. On 24 August 2025, the Registrar notified Mr Herdman that it refused his application Although he had claimed that his instructor’s car was off the road between February and June 2025, during this period he had presented 16 pupils for test, showing that he had continued to make use of his licence; 1.1. Mr Herdman had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time; and 1.2. 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. Mr Herdman’s notice of appeal dated 6 November 2025 relies on the following grounds as reasons for the appeal: 1.1. Despite making every reasonable effort to secure a test date, the waiting times for tests were exceptionally long so he was unable to obtain a date within the validity of his licence; 1.2. His vehicle required a complete engine replacement between February and June 2025, rendering it unavailable for instruction. He had presented 16 pupils for tests but this was through temporary arrangements in order to maintain their progress; 1.3. He has undertaken regular and structured training with his mentor to continue to prepare for the Part 3 test; 1.4. If a third licence is refused, he would have to seek alternative work, reducing the available time to prepare; and 1.5. It would severely impact his pupils, who would have to find alternative instruction at a time when demand is high.

12. The Registrar’s statement of case dated 3 February 2026 resists the appeal. The Registrar states that: 1.1. Although he had claimed that his instructor’s car was off the road between February and June 2025, during this period he had presented 16 pupils for test, showing that he had continued to make use of his licence; 1.2. 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; 1.3. 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. Mr Herdman was given two trainee licences totalling twelve months. Moreover, by virtue of Mr Herdman 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 him to continue to give paid instruction until determination of the appeal; 1.4. Since passing his driving ability test Mr Herdman has failed the instructional ability test twice. Despite ample time and opportunity Mr Herdman has not been able to reach the required standard for qualification as an Approved Driving Instructor; and 1.5. The refusal of a third licence does not bar Mr Herdman 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 them to give professional tuition under licence in order to obtain further training. Mr Herdman 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. On 5 February 2026, the Registrar applied to strike out the appeal on the basis that Mr Herdman failed his third attempt at the test on 4 February. Regrettably, there was not enough time for the Tribunal to seek Mr Herdman’s representations on that application before today’s hearing. The evidence

14. I considered a bundle of evidence containing 30 pages, including Mr Herdman’s full trainee licence history from the Registrar. Findings of Fact

15. Mr Herdman passed his Part 1 test on 13 March 2024 and Part 2 test on 8 July 2024. T he two-year period within which he must have passed both the Part 2 and Part 3 tests will expire on 12 March 2026.

16. Mr Herdman’s first trainee licence was granted on 26 August 2024 for a period of six months. His second trainee licence was due to expire on 25 August 2025. He failed his Part 3 Test on 22 May 2025, 21 August 2025 and his third attempt at the test on 4 February 2026. Conclusions

17. I considered Mr Herdman’s grounds of appeal.

18. 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. Mr Herdman has already had the benefit of two trainee licences covering a period of twelve months from 26 August 2024 to 25 August 2025. Additionally, by applying for a third trainee licence Mr Herdman has had the benefit of s.129(6) (b) of the Act extending the first trainee licence until this appeal is disposed of. Had the third trainee licence been granted, this would have expired before the consideration of this Appeal.

19. Whether or not Mr Herdman can satisfy me that the Registrar’s decision was wrong, I cannot now grant him a third licence because he has failed his Part 3 test for the third time.

20. I therefore dismiss this appeal. Signed Date: 10 March 2026 Judge Taft