Leo McCall v The Registrar of Approved Driving Instructors

Preliminary matters

1. References in this decision to a ‘section’ are references to the applicable section of T he Road Traffic Act 1988 .

2. In this decision, I use the following terms to denote the meanings shown: ADIs: Approved Driving Instructors (those whose name appear on the Register) . Appellant: Leo McCall. Application: The Appellant’s application to the Registrar for the grant of a third Licence. Licence: A licence under section 129 to give paid instruction in the driving of a motor car (see paragraph 18 below); often referred to as a ‘trainee licence’. Register: The Register of Approved Driving Instructors maintained by the Driver and Vehicle Standards Agency. Registrar: The Registrar of Approved Driving Instructors (the Respondent). Registrar’s Decision: The decision of the Registrar, by way of letter to the Appellant dated 29 October 2025, refusing the Application. Qualifying Examination: The qualifying examination referred to in paragraph 15 below. Introduction - background to the appeal

3. This was an appeal against the Registrar’s Decision.

4. The Appellant is an aspiring ADI who has previously been granted two Licences. The Appellant applied for a third Licence (the Application), resulting in the Registrar’s Decision.

5. The reasons for the Registrar’s Decision are set out in paragraphs 8 and 9 below. The appeal The grounds of appeal

6. The Appellant’s grounds of appeal stated, in essence, that they had experienced close family bereavement, on two occasions, over the past five years and that they had been suppressing their grief, which had in turn affected their sense of direction.

7. The Appellant stated that they were now prepared to continue towards qualification as an ADI. They also stated that they planned on sitting the ‘Part 3’ test but had not yet applied for it pending the outcome of the appeal. The Appellant considered that having a bit more experience may help them progress further. The Registrar’s case

8. The Registrar resisted the appeal. The Registrar’s response to the appeal stated that the reasons for refusing the Application were that the Appellant had already had the benefit of two Licences and the Appellant therefore had had sufficient opportunity to gain the necessary experience.

9. The Registrar also stated that the Appellant had failed to provide any evidence of training time lost during the period of their second Licence. Mode of hearing

10. The Appellant asked for the appeal be decided without a hearing. The Respondent did not request an oral hearing, effectively indicating their consent to the appeal being determined without a hearing.

11. The Tribunal did not have a bundle, but had the draft bundle index provided by the Registrar and was satisfied that the necessary papers were available in order to fairly determine the appeal. I therefore considered that the appeal was suitable for determination on the papers in accordance with rule 32 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and that it was fair and just to conduct the appeal in this way. The evidence and submission

12. The Tribunal read and took account of the various relevant documents which had been submitted in connection with the appeal, including the Appellant’s form of appeal, a document setting out their reasons for the appeal, the Respondent’s response and details of the Appellant’s Licence history from the Registrar, as well as other written arguments and supporting evidence from both parties.

13. All of the contents of the above were taken into account, even if not directly referred to in this decision. The relevant legal principles

14. Section 123(1) prohibits the giving of instruction in the driving of a motor car for payment unless the instructor is an ADI or the holder of a current Licence.

15. A person must pass a qualifying examination in order to qualify as an ADI. The qualifying examination is made up of: a. a written examination (Part 1); b. a practical test of ability and fitness to drive (Part 2); and c. a practical test of ability and fitness to instruct (Part 3).

16. An application to take the ‘Part 3’ test must be made within two years of passing the ‘Part 1’ test, otherwise the whole Qualifying Examination has to be retaken.

17. Three attempts are permitted in respect of each part of the Qualifying Examination. If any part of the Qualifying Examination is failed after three attempts, the whole Qualifying Examination has to be retaken.

18. The grant of a Licence enables a person to provide instruction for payment before they qualify as an ADI. The purpose for which a Licence is granted is set out in section 129(1). In essence, a Licence is granted for the purpose of enabling a potential ADI to acquire practical experience as a driving instructor, with a view to them undergoing ‘Part 3’ of the Qualifying Examination. The circumstances in which Licences may be granted are set out in section 129 and the Motor Cars (Driving Instruction) Regulations 2005.

19. An applicant may be granted a Licence if they have passed ‘Part 2’ of the Qualifying Examination and if they are eligible to take the ‘Part 3’ test. An application for a Licence must be made within two years of passing ‘Part 1’ of the Qualifying Examination.

20. A Licence lasts for six months. When a Licence expires, giving paid driving lessons is prohibited unless (as set out in paragraph 14 above) a further Licence is obtained or ADI status is achieved.

21. Subject to certain conditions being met, the Registrar must grant a person’s first application for a Licence. However, pursuant to section 129(3), the Registrar has the discretion to refuse any subsequent application for a Licence. Where an applicant appeals to the Tribunal in respect of the Registrar’s decision to refuse a new Licence, the Licence continues in effect until the appeal is determined.

22. Holding a Licence is not necessary in order to take ‘Part 3’ of the Qualifying Examination or to qualify as an ADI. Many people qualify as an ADI without having held a Licence. The role and powers of the Tribunal

23. An appeal to the Tribunal against the Registrar’s Decision is undertaken by way of a ‘re-hearing’; the Tribunal ‘stands in the shoes’ of the Registrar and takes a fresh decision on the evidence before it, giving appropriate weight to the Registrar’s Decision (as the Registrar is tasked by Parliament with making such decisions). The Tribunal does not conduct a procedural review of the Registrar’s decision-making process but, in reaching its decision, the Tribunal may review any findings of fact on which the Registrar’s Decision was based and the Tribunal may come to a different decision regarding those facts.

24. The powers of the Tribunal in determining the appeal are set out in section 131(3). In summary, for the purposes of the appeal, the Tribunal is empowered to make an order for the grant or refusal of the Application, as it thinks fit.

25. However, under section 131(4A), if the Tribunal considers that any evidence adduced on the appeal had not been adduced to the Registrar before the Registrar’s Decision, it may (instead of making such an order) remit the matter to the Registrar for them to reconsider the Registrar’s Decision.

26. Where the Tribunal makes an order for the refusal of the Application, it may also, pursuant to section 131(4), direct that (in essence) the Appellant cannot apply for a Licence for a period of up to four years. Discussion and findings

27. I sympathise with the Appellant’s personal circumstances and their close family bereavements, but I consider that the Appellant has not demonstrated that the grant of a third Licence is appropriate.

28. Whilst the Appellant has stated that that they were now prepared to continue towards qualification as an ADI and that they consider that having more experience may help them progress, the Appellant has not set out any reasons as to why a third Licence is necessary, nor have they provided any evidence of training time lost during the period of their second Licence.

29. As I have noted, holding a Licence is not necessary in order to take ‘Part 3’ of the Qualifying Examination or to qualify as an ADI. Accordingly, there is still scope for the Appellant to develop and practice for the purposes of taking ‘Part 3’ of the Qualifying Examination. The Appellant does not need a Licence in order to attend a training course, study and practice with an ADI and give tuition on their own (provided that they do not receive payment of any kind for this). These options are used by some prospective ADIs and, as I have noted, many people qualify as an ADI without ever having held a Licence.

30. Also, as the Registrar submitted, because the Appellant made the Application before the expiry date of the second Licence and subsequently appealed the Registrar’s Decision, that Licence has remained in force pending determination of the appeal. Accordingly, the Appellant has already had the benefit of their first two Licences for a period of 12 months, in addition to the subsequent time pending the determination of the appeal. In my view therefore (and in the absence of any extenuating circumstances relating to lost training time), the Appellant has already had sufficient time to use their Licences as part of their preparation for the ‘Part 3’ test.

31. For all of the reasons I have given, I am not persuaded that the Registrar’s Decision was wrong. I therefore dismiss the appeal and I order that the Application is refused. Signed: Judge Roper Date: 10 March 2026 Judge of the First-tier Tribunal