Hackwood vs The Registrar of Approved Driving Instructors

This case involved an appeal by John Hackwood against the decision of the Registrar of Approved Driving Instructors to refuse the grant of a further trainee licence.

TLDR:

• John Hackwood appealed against the Registrar's refusal to grant a further trainee driving instructor licence.
• The appeal was dismissed by the Tribunal.
• The Tribunal found that Hackwood had ample opportunity to pass the ADI Part 3 test.
• The Tribunal emphasized that a trainee licence is not required to take the Part 3 test.

The appellant, John Hackwood, is a trainee driving instructor who was initially granted a trainee licence under section 129 of the Road Traffic Act 1988, for a six-month period from 17 April to 16 October 2023. At the end of this period, Hackwood requested a further licence extension, which was refused by the Registrar of Approved Driving Instructors on 21 November 2023.

The Registrar's reasons for refusal included Hackwood's failure to comply with the conditions set out in the trainee licence, and the view that the initial licence period should have been sufficient for Hackwood to gain the necessary experience to pass the final part of the Approved Driving Instructors (ADI) qualifying examination. The Registrar noted that it was not Parliament's intention for a trainee licence to be granted indefinitely until the trainee passes the Part 3 test.

Hackwood appealed the Registrar's decision, arguing that he needed more time as a trainee instructor to prepare for the ADI Part 3 test. He cited difficulties and delays in finding test dates due to a backlog and believed that an extended trainee licence would assist him in his training.

The Tribunal, presided over by Tribunal Judge Peter Hinchcliffe, heard the appeal on 4 June 2024. Hackwood represented himself, while Claire Jackson of the DVSA represented the Registrar. The hearing was conducted remotely via the Tribunal Service's CVP Video Hearing System.

During the hearing, the Registrar's representative, Ms. Jackson, emphasized that Hackwood had not met the training objectives during his initial trainee licence period, as he had not submitted the required ADI 21AT form showing he had received 20 hours or more of tuition. Hackwood had failed the ADI Part 3 test once and had not submitted any representations regarding his training record prior to the decision.

Hackwood reiterated his need for more experience and explained that he had relied on the AA to complete the necessary forms for his ADI training. He confirmed that he was in the process of rearranging a second Part 3 test date.

In its decision, the Tribunal noted that Hackwood did not need a trainee licence to take further attempts at the Part 3 test. The Tribunal found that the 13-month period during which Hackwood had been able to provide driving instruction should have provided sufficient opportunity to gain the practical experience required by the Act.

Ultimately, the Tribunal dismissed Hackwood's appeal, concluding that he had been given ample opportunity to prepare for the Part 3 test since his trainee licence was first issued on 17 April 2023.

Legal representatives: John Hackwood (self-represented), Claire Jackson for the DVSA.

Judicial Panel: Tribunal Judge Peter Hinchcliffe

Case Citation Reference: [2024] UKFTT 485 (GRC)