William Gemmell v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 2 July 2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is a trainee driving instructor who has previously been granted two trainee licences under section 129 of the Road Traffic Act 1988 (the “Act”). These licences ran for a year between dates which are not specified in the papers before the Tribunal. The Appellant applied for a third trainee licence but this application was refused by the Registrar on 2 July 2025. The Appellant now appeals the Registrar’s decision.

3. The Appeal was brought on 15 July 2025. The grounds of the appeal can be summarised succinctly. The Appellant had failed two of his “Part 3” tests of instructional ability. He had experienced significant delays in booking and then obtaining these tests. As a result he needed more time to give paid instruction to build up the skills necessary to pass the Part 3 test at the final opportunity.

4. The Appeal was opposed by the Registrar on 21 July 2025. The Registrar contended that the Appellant had already had sufficient time to gain the necessary experience to pass the Part 3 test.

5. On 3 September 2025, the Registrar applied to strike out the appeal. This was on the basis that the Appellant had failed his third and final attempt at the “Part 3” test on 2 September 2025. Accordingly, pursuant to r.14(b) of the Driving Instruction Regulations, the Appellant’s trainee licence is automatically revoked from 3 September 2025. The Registrar contended that the appeal therefore had no reasonable prospect of success under r.8(3)(c) of the Tribunal Rules.

6. On 24 September 2025, the Tribunal’s Legal Office gave directions requiring the Appellant to make any representation in response to the Registrar’s strike out application or confirming that the Appellant wished to withdraw the appeal. The response was due by 8 October 2025.

7. It appears that the Tribunal has not taken any further action since this date. I have checked with the Tribunal’s administrative staff and they have not identified any further information received from the Appellant since 8 October 2025. The Hearing

8. The hearing was listed to held by CVP at 15.00 today. The parties were informed of the hearing mode, date and time by email from the Tribunal dated 3 September 2025 which was sent to the email address the Appellant provided on his appeal documents. The Appellant did not attend at 15.00 for the hearing. The Tribunal’s clerk spoke to the Appellant by telephone at 15.00. The Appellant informed the Tribunal’s clerk that he would not be attending, and had attempted to withdraw the appeal. The clerk advised that the Tribunal had no record of having received any notice of withdrawal. In light of the Appellant’s position, and what I say below, I decided to cancel the hearing.

9. I have considered whether to proceed with the hearing in the absence of the Appellant in accordance with r.36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended). I am satisfied that both parties have been notified of the hearing. I also consider that is in the interests of justice to proceed with the hearing in the Appellant’s absence. The interests of justice require the fair and efficient allocation of the Tribunal’s resources. In the absence of any explanation from the Appellant as to his failure to attend the hearing, I consider that I should now proceed to determine the case on the papers and have done so. The law

10. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 (the “Driving Instruction Regulations”).

11. A licence under section 129(1) of the Act 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 ”.

12. In order to qualify as an ADI, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the instructional ability and fitness test (Part 3). Three attempts are permitted at each part.

13. The Part 3 test which the trainee must pass to qualify must be booked within two years of passing Part 1, otherwise the whole examination has to be retaken – see r.3(4)(c) and (d) of the Driving Instruction Regulations.

14. A candidate may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

15. The powers of the Tribunal in determining this appeal are set out in section 131 of the Act . The Tribunal may make such order as it thinks fit ( section 131(3) ). 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. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant. Discussion and Conclusion

16. The evidence before the Tribunal is that the Appellant has now failed his third and final attempt at the Part 3 test. The Appellant has not sought to dispute that fact. He has been provided with the opportunity to do so or to withdraw the appeal.

17. Accordingly, in these circumstances, it is not open to the Tribunal to determine that it would be appropriate for the Appellant to be issued with a new trainee licence. The appeal is dismissed.