Paul Hooper v Registrar of Approved Driving Instructors

Facts

The appellant, Paul Hooper, was a trainee driving instructor who had been granted two trainee licences under section 129 of the Road Traffic Act 1988, valid from 17 March 2025 to 16 March 2026. Such a licence is granted to enable a person to acquire practical experience in giving instruction with a view to undergoing the practical test of ability and fitness to instruct, and permits paid instruction before qualification. To qualify as an approved driving instructor, an applicant must pass a three-part examination — the written examination, the driving ability and fitness test, and the instructional ability and fitness test — under the Motor Cars (Driving Instruction) Regulations 2005. The appellant passed the driving ability test but failed the instructional ability test on 17 December 2025, and a further test booked for 11 May 2026 was recorded as non-completed. On 18 February 2026 the Registrar of Approved Driving Instructors received his application for a third licence. After considering his representations, the Registrar refused the application by correspondence dated 12 March 2026, giving general reasons about the purpose of the licensing system together with reasons specific to the appellant. He appealed to the First-tier Tribunal, contending that delays in obtaining Part III test dates were beyond his control, and asked for the appeal to be determined on the papers.