Paul Kerry Hinault v Registrar of Approved Driving Instructors

1. This is an appeal against the decision of the Registrar of Approved Driving Instructors (“the Registrar”), dated 20 th August 2025, refusing the Appellant’s application for a third trainee licence.

2. I have been provided with a 22-page bundle for the purpose of this appeal, containing a number of documents, including the Notice of Appeal and the Appellant’s written representations which were made upon receipt of notification that the Registrar was considering refusing his application for a third licence.

3. The Appellant was granted two trainee licences by the Respondent, covering the period of 1 st July 2024 to 30 th June 2025. On 24 th June 2025, the Appellant applied for his third trainee licence.

4. On 30 th June 2025, the Registrar notified the Appellant by email that consideration was being given to refusing the application, and they were asked to make written representations in response within 14 days of the date of that email.

5. The Appellant responded with written representations on 13 th July 2025, stating as follows: (i) That his mother is terminally ill with progressively deteriorating health which he had been managing well with until recently. (ii) That other distressing events had taken place in his family life which may have had an impact upon his attempt at the Part 3 test. This additionally resulted in him finding it difficult to take students out for lessons. He considered that this was a safety issue, as he found it hard to concentrate, and he was additionally unable to take his final attempt at the Part 3 test when he was so distressed. (iii) That although these family issues are still present, he now feels able to take his final attempt at the Part 3 test, which was scheduled for 24 th September 2025.

6. On 20 th August 2025, the Registrar gave the Appellant notice under section 129(4) of the Road Traffic Act 1988 that he was refusing his application for a third trainee licence. The following reasons were given for the Registrar’s refusal of the Appellant’s application for a second licence: (a) That the Appellant had failed to provide any evidence of lost training time. (b) That the Appellant had already been granted two trainee licences of six months’ duration for the purpose of gaining sufficient experience to pass the final part of the Approved Driving Instructors qualifying examination. This is considered to be a more than adequate period of time in which to do this. (c) That it was not Parliament’s intention that candidates should be issued licences for as long as it takes them to pass the examination. (d) That the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.

7. The Appellant was informed in that notice that he may appeal against the decision to this Tribunal within 14 days from the date of that notification, and that if he did appeal it, his present licence would continue in force until the appeal is decided.

8. The Appellant’s reasons for his appeal are stated in his Notice of Appeal, dated 1 st September 2025, and are summarised as follows: (a) That his failure to complete all three of his attempts at the Part 3 test were as a result of the distressing events which were taking place at the time, and the difficulty in securing a further date for his test.

9. In the Response to the appeal, dated 21 st November 2026, the Registrar reiterated the reasons for given in his Notice of 20 th August 2025 for refusing the application for a third trainee licence, and made the following additional submissions: (a) 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, providing 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. (b) The Appellant has already had two trainee licences, covering a period of twelve months, and by virtue of having applied for a third licence before the expiry of the first, that licence has remained in force to the present time and has permitted the Appellant to continue to give paid instruction until the determination of this appeal. (c) That the system of issuing licences is not and must not be allowed to become an alternative to the system of registration. (d) Since passing his driving ability test, the Appellant has failed the instructional ability test (Part 3) twice and has cancelled two more tests booked for 10 th June 2025 and 24 th September 2025. Regrettably, the DVSA cancelled one test booked for 22 nd May 2025. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (e) That the refusal of a second licence does not bar the Appellant from attempting the Part 3 test. He does not need to hold a trainee licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. By way of example, some trainees acquire registration without obtaining any licences at all, and it is open to an individual to attend a training course, or study or practise with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). Legal Framework

11. Section 123(1) of the Road Traffic Act 1988 (“ the Act ”) prohibits the giving of instruction paid for by, or in respect of, a pupil in the driving of a motor car, unless the instructor’s name is on the Register of Approved Driving Instructors or that person is the holder of a current licence issued under section 129(1) of the Act .

12. The circumstances in which a person may be granted a trainee licence are detailed within Section 129 of the Road Traffic Act 1988 (“ The Act ”), and the Motor Cars (Driving Instruction) Regulations 2005 (“the Regulations”). The granting of a trainee licence permits applicants to provide instruction for payment before they are qualified and placed on the Register of Approved Driving Instructors. The granting of a trainee licence under section 129(1) of the Act is: “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.”

13. 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’).

14. The whole qualifying examination must be completed within two years of passing the Part 1 examination, and whilst there is no restriction on the number of attempts a candidate may take the Part 1 qualifying examination, Parts 2 and 3 permit only three attempts at each. Should an applicant fail to comply with these requirements, the entire examination would need to be retaken (i.e. Parts, 1, 2 and 3). However, they would not be permitted to retake any part of the examination until 2 years after the date when they passed their Part 1 examination – see Regulation 3(3) of the Regulations .

15. Upon passing Part 2, an applicant may be granted a trainee licence. The granting of a trainee licence permits applicants to provide driving instruction for payment before they are fully qualified and on the Register of Approved Driving Instructors ( s.123(1) of the Act ). It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

16. Section 129(3) of the Act permits the Registrar to “refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued” . However, he must give written notice stating that he is considering the refusal of the application and give particulars of the grounds upon which he is considering this ( s.129(7) of the Act ). Once notice of this consideration has been given, section 129(8) (c) provides that: “before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.”

17. The period referred to within that section is a period of 14 days from the date when notice was given by the Registrar ( s.129(8) (a) of the Act ), and the Registrar is not permitted to decide to refuse the application for the licence until after this period has come to an end ( s.129(8) (b)).

18. Section 129(6) provides as follows: “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.”

19. The Appellant’s right of appeal and the powers of the Tribunal to determine this appeal are set out within s.131 of the Act . The Tribunal may make such an order as it thinks fit.

20. When making its decision, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar’s decision as the person tasked by Parliament with making such decisions.

21. It is for the Appellant to show, on the balance of probabilities, that the Respondent’s decision was wrong. Discussion and Conclusions

22. The Appellant submits that the Respondent ought to have granted him a third trainee licence on account of the personal difficulties he was going through during the summer of 2025. Whilst I am sympathetic to those circumstances, the Appellant had already been granted a second licence to assist him in gaining the necessary practical training to take the Part 3 test. Unfortunately, both of his earlier attempts at the Part 3 tests on 4 th November 2024 and 20 th February 2025 were unsuccessful, and he then cancelled the next two scheduled tests on 10 th June 2025 and 24 th September 2025, which would have provided him with an opportunity to take his final attempt at the Part 3 test, though he has provided an explanation for the decisions he made to cancel those tests.

23. Despite it being a common misunderstanding, it is not the case that individuals are entitled to the continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis that this is an adequate period to prepare for the Part 3 assessment, as it is not necessary to hold a trainee licence in order to either prepare for or take the Part 3 test. It is submitted by the Respondent that six months is a very reasonable period within which to reach the qualifying standard in the examination, and in particular, to obtain any necessary practical experience in tuition. In this instance, the Appellant’s trainee licence has run far beyond the six-month period granted by a single licence. He was granted a second licence, which granted him a further six-month period in which was due to expire on 30 th June 2025. As his application for a third licence was made before the expiry of his second licence, his second licence has continued to run since that time. The appellant has therefore had the benefit of a further six months in which to gain practical experience of providing instruction for payment, though I do not take this into account in reaching my decision.

24. I note that the Appellant had a scheduled Part 3 test booked for 19 th December 2025. If he did take that final attempt at the Part 3 test, then he would either have been placed on the Register of Approved Driving Instructors, if he passed the test, or alternatively, in the event of an unsuccessful attempt, he would now be required to restart the entire examination process again, starting with the Part 1 test. However, he would not be able to restart that process until 5 th January 2026, which is when the two-year period that runs from the date that he passed his Part 1 test has elapsed.

25. In the event that the Appellant did not take his final attempt at the Part 3 test on 19 th December 2025, he would still have until 4 th January 2026 to complete that final attempt. It would not matter whether he had a licence or not, as this would not prevent him from taking the test. It would simply prevent him from giving paid instruction.

26. I have regard to the fact that the Registrar is tasked by Parliament with making decisions on licence applications, and that it was not Parliament’s intention that candidates should be given licences for as long as it takes them to pass the examination. In all the circumstances of this case, I do not consider that the Appellant’s reasons are such that it can be shown that the Registrar’s decision was wrong.

27. The appeal is dismissed. Signed: Date: Judge Armstrong-Holmes 13 th January 2026