Tribunal Dismisses Appeal of Trainee Driving Instructor

Tribunal Dismisses Appeal of Trainee Driving Instructor

The First-Tier Tribunal General Regulatory Chamber (Transport) delivered its decision on the appeal case between John Hackwood and the Registrar of Approved Driving Instructors on 11 June 2024. The hearing, which took place remotely on 4 June 2024, was presided over by Tribunal Judge Peter Hinchcliffe.

John Hackwood, the appellant, represented himself, while Claire Jackson of the DVSA represented the respondent. The hearing was conducted via the Tribunal Service's CVP Video Hearing System, with both parties and the Tribunal attending by video. This format was deemed suitable to avoid delays and ensure proper consideration of the issues.

The appeal concerned the Registrar's decision on 21 November 2023 to refuse a further trainee licence to Mr. Hackwood. Mr. Hackwood had been granted a trainee licence under s.129 of the Road Traffic Act 1988 for six months, from 17 April to 16 October 2023. At the end of this period, his request for an extension was denied.

The Registrar's refusal was based on Mr. Hackwood's failure to comply with the conditions of the trainee licence and the view that the initial licence period was sufficient for him to gain the experience needed to pass the final part of the Approved Driving Instructors (ADI) qualifying examination. The Registrar noted that Parliament did not intend for a trainee licence to be extended indefinitely until the trainee passed the Part 3 test.

In his Notice of Appeal dated 30 November 2023, Mr. Hackwood argued that he needed more time as a trainee instructor to prepare for the ADI Part 3 test. He cited difficulties in finding test dates due to a backlog and believed that an extended trainee licence would help him complete his training.

The Tribunal examined the legal framework under s.129 of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. It noted that a trainee licence is granted to enable practical experience for the ADI qualifying examination, which comprises three parts. Candidates are allowed three attempts at each part and must complete the examination within two years of passing Part 1.

The Tribunal also considered the evidence presented, including the Registrar's statement that Mr. Hackwood had not met the training objectives during his trainee licence period. Specifically, he failed to submit an ADI 21AT form showing 20 hours of tuition. Mr. Hackwood had failed the ADI Part 3 test once and had not submitted representations when notified of his failure to meet training objectives.

At the hearing, Mr. Hackwood reiterated his grounds for appeal, stating that he relied on his instructor and the AA for completing the required forms. He was unaware of any issues with his training record. Ms. Jackson, representing the Registrar, emphasized that it was Mr. Hackwood's responsibility to ensure compliance with the training requirements.

In its conclusion, the Tribunal found that Mr. Hackwood did not need a trainee licence to take further attempts at the Part 3 test. It noted that he had already had 13 months to gain practical experience, which should have been sufficient. The Tribunal dismissed the appeal, agreeing with the Registrar's decision that Mr. Hackwood had adequate opportunity to prepare for the Part 3 test.

The appeal was dismissed with immediate effect, and the Tribunal's decision was signed by Judge Peter Hinchcliffe on 4 June 2024.