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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Khan v Registrar of Approved Driving Instructors [2025] UKFTT 468 (GRC) (30 April 2025) URL: https://www.bailii.org/uk/cases/UKFTT/GRC/2025/468.html Cite as: [2025] UKFTT 468 (GRC)

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First-tier Tribunal
(General Regulatory Chamber)
Transport

		Heard by Cloud Video Platform Heard on: 23rd April 2025
		Decision Given On: 30 April 2025

Decision: The appeal is dismissed

REASONS
1. The Appellant appeals against the decision of the Registrar of Approved Driving instructors ("The Registrar"), dated 29^th August 2024, refusing his application for a third trainee licence.
2. The Appellant had previously been granted two trainee licences, which were valid over the period from 21^st August 2023 to 20^th August 2024. On 19^th July 2024, the Appellant applied for a third trainee licence.
3. On 7^th August 2024, the Registrar notified the Appellant, by email, that consideration was being given to refusing his application. The Appellant was invited to make any written representations in response.
4. The Appellant responded by email on 12^th August 2024, stating that he had encountered difficulty in securing a test date for his Part 3 assessment, and that bouts of illness had resulted in him missing many days of potential training, resulting in him not being able to use his trainee licence to its full potential.
5. On 29^th August 2024, the Registrar notified the Appellant of his decision to refuse his application for a third trainee licence, providing the following reasons:

a) The trainee licence must not become an alternative to registration as a fully qualified Approved Driving Instructor.

b) Parliament's intention was not to licence applicants for however long it takes them to pass the Part 3 assessment, but to allow for up to 6 months experience of instruction, which is considered to be a very reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience. In this instance, the Appellant has had two trainee licenses, covering a period of 12 months.

c) It is not necessary to hold a trainee licence to sit the Part 3 assessment, nor is it essential for the Appellant to give professional tuition under licence in order to obtain further training. It was suggested that he could attend a training course, or study and practise with an Approved Driving Instructor, or give tuition on his own, provided that he does not receive payment of any kind for this.

d) The Appellant has failed the Part 3 assessment twice and cancelled one further test which was booked for 20^th August 2024.

6. The Appellant's Notice of Appeal was received by the Tribunal on 9^th September 2024. In his Notice of Appeal, the Appellant states that he feels that the decision to refuse his application for a third trainee licence was wrong. In support of this submission, he explains that he did not have "adequate practice with the previous two trainee license", referring to the lack of students to gain the relevant practice with. He refers to there being a "close death in the family which upset [him] greatly and affected [his training] to qualify as an ADI (Approved Driving Instructor)", stating that this affected his mental health and wellbeing. Additionally, he points to the fact that he had to wait for 8 months for his first Part 3 assessment, due to there being no tests available in his area, and that he has now changed the area where he will be taking this assessment as he cannot wait that long anymore.
7. In response, the Registrar has reiterated the reasons given for refusing the application for a third licence. Additionally, he submits that the Appellant has provided no evidence of lost training time or a lack of pupils, and has had the benefit of two trainee licences for a period of 12 months.

Legal Framework

8. The circumstances in which a person may be granted a trainee licence are detailed within Section 129 of the Road Traffic Act 1988 ("The Act"), and the Motor Cars (Driving Instruction) Regulations 2005. The granting of a trainee licence permits applicants to provide instruction for payment before they are qualified and placed on the Register of Approved Driving Instructors. The granting of a trainee licence under section 129(1) of the Act is:

"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."

9. To qualify as an Approved Driving Instructor, applicants must pass the 'Qualifying Examination', comprised of three parts: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3').
10. The whole qualifying examination must be completed within two years of passing the Part 1 examination, and whilst there is no restriction on the number of attempts a candidate may have for Part 1 of the qualifying examination, Parts 2 and 3 permit only three attempts at each. Should an applicant fail to comply with these requirements, the entire examination would need to be retaken (i.e. Parts, 1, 2 and 3). However, they would not be permitted to retake any part of the examination until 2 years after the date when they passed their Part 1 examination.
11. Upon passing Part 2, an applicant may be granted a trainee licence. The granting of a trainee licence permits applicants to provide driving instruction for payment before they are fully qualified and on the Register of Approved Driving Instructors (s.123(1) of the Act). It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.
12. Section 129(3) of the Act permits the Registrar to "refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued". However, he must give written notice stating that he is considering the refusal of the application and give particulars of the grounds upon which he is considering this (s.129(7) of the Act). Once notice of this consideration has been given, section 129(8)(c) provides that:

"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."

13. The period referred to within that section is a period of 14 days from the date when notice was given by the Registrar (s.129(8)(a)of the Act), and the Registrar is not permitted to decide to refuse the application for the licence until after this period has come to an end (s.129(8)(b)).
14. Section 129(6) provides as follows:

"Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire–

(a) until the commencement of the new licence, or

(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."

15. The Appellant's right of appeal and the powers of the Tribunal to determine this appeal are set out within s.131 of the Act. The Tribunal may make such an order as it thinks fit.
16. When making its decision, 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.
17. It is for the Appellant to show, on the balance of probabilities, that the Respondent's decision was wrong.

The Appeal Hearing

18. The hearing took place by video link with the Appellant in attendance. The Respondent was not in attendance. The Tribunal heard submissions from the Appellant, which were considered alongside the documents contained with the 20-page appeal bundle, including the Notice of Appeal and the previous representations made to the Registrar following notification that consideration was being given to refusing the application for a third licence. The Appellant confirmed that he had that same bundle available to him during the hearing.
19. The Appellant confirmed that he had a further Part 3 assessment booked in for the next day (24^th April 2025) and was hopeful that he would pass it. He stated that he had cancelled an assessment on 20^th August 2024 as he didn't have a student to take with him and consequently was not in a position to complete the test. He stated that it had taken 8 months to secure a test date for the assessment he failed on 11^th June 2024, and as a result of that he moved to a different test centre in Leeds for his second assessments on 1^st October 2024, which he also failed. He went on to explain that his uncle died during the period covered by his second licence, and this was a further reason why he cancelled his assessment in August 2024, as it led to mental health issues. He explained that he was having bowel problems around this time, but he did not produce any medical evidence to support this or the mental health issues which he said resulted from the death of his uncle.
20. The Appellant submitted that the delays in test availability are such that he should be permitted to have a third trainee licence, and that the Registrar was wrong to refuse his application for a third licence.

Conclusions

21. In considering the Appellant's submissions, it was of course evident that his final attempt at the Part 3 assessment was due to be taken on the day following this hearing, and that pass or fail, his Qualifying Examination would be concluded one way or another, as only three attempts at the Part 3 assessment are permitted. Should he pass his Part 3 assessment, he would be able to be placed on the Register of Approved Driving Instructors, and should he fail it, he would consequently then have to wait 2 years from the date that he passed his Part 1 assessment, before he could start the process again. However, the Tribunal is concerned with deciding whether the Registrar was wrong when he made his decision to refuse the Appellant's application for a third trainee licence.
22. The principle arguments advanced by the Respondent in their Response to this appeal are detailed above, but are effectively that Parliament's intention was not to licence applicants for however long it takes them to pass their Part 3 assessment, that a trainee licence must not become an alternative to registration as a fully qualified Approved Driving Instructor, and that not holding a trainee licence is not a bar to someone undertaking the Part 3 assessment.
23. The Tribunal is aware that it can be difficult to book a Part 3 assessment, and that there can be significant delays. However, it is additionally noted that the Appellant was able to book and take a Part 3 assessment on 11^th June 2024 and again on 1^st October 2024.
24. Whilst the Tribunal is sympathetic to the Appellant's loss of a family member and the impact that this may have had upon him personally, he has had the benefit of 2 trainee licences, which were originally valid from 21^st August 2023 to 20^th August 2024, before the appeal was lodge at this Tribunal. This provided the Appellant with 6 months more than is ordinarily considered to be more than sufficient to gain practical experience and to pass the Qualifying Examination.
25. It is further noted that had the third trainee licence been granted, this would have expired in February 2025, before the consideration of this appeal. The Appellant passed his Part 1 assessment on 23^rd December 2023, and therefore his two-year period within which he must have passed both the Part 2 and Part 3 assessments had expired by 24^th February 2025. The Appellant has therefore had the benefit of being able to train by giving instruction for payment for an additional period of almost 8 months, exceeding both:

(a) His stated desired appeal outcome of a third extension of 6 months; and

(b) The fixed statutory maximum period within which he must pass the Part 3 test.

26. In reaching its decision, the Tribunal has taken into account all of the evidence submitted to it in advance of this hearing, and has considered all of the circumstances relevant to the appeal.
27. The Tribunal has not been persuaded that the Registrar was wrong to refuse the third trainee licence, and accordingly dismisses this appeal.



Signed: Judge Armstrong-Holmes

Date: 29^th April 2025