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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Razzaq v Registrar of Approved Driving Instructors [2025] UKFTT 504 (GRC) (07 May 2025) URL: https://www.bailii.org/uk/cases/UKFTT/GRC/2025/504.html Cite as: [2025] UKFTT 504 (GRC)

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First-tier Tribunal
(General Regulatory Chamber)
Transport

		Heard by Cloud Video Platform Heard on: 26 March 2025
		Decision Given On: 7 May 2025

Decision: The appeal is Dismissed.

REASONS
1. This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made on 22 October 2024 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 between 11 September 2023 and 20 September 2024. The Appellant applied for a third trainee licence on 24 September 2024. This application was refused by the Registrar on 22 October 2024. The Appellant now appeals the Registrar's decision.
3. The appeal was listed for an oral CVP hearing. Neither the Appellant or the Respondent attended. We considered that it is not unusual for the Respondent to rely upon their written submissions and not attend in person. Having checked the correspondence from the Appellant, we are satisfied that they had the notice of hearing, they had not requested a postponement or provided any reasons for not attending. The Tribunal had the benefit of the Respondent's response, the Appellant's reasons for the Appeal and request for reconsideration to the Respondent. We did not consider that further information was required from either party in order to make an informed decision. We were therefore satisfied that no adjournment was necessary and that we could properly decide the appeal in the absence of attendance by either party.

The law

4. 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.
5. In order to qualify as an Approved Driving Instructor, 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. The Part 3 test must be booked within two years of passing Part 1, otherwise the whole examination has to be retaken.

6. 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". The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.

6. 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 take the Part 3 test or qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.
7. 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.

The evidence

8. We have considered a bundle of evidence containing 20 numbered pages. Whilst reference is not made to each individual piece of evidence considered in this decision notice, we have carefully considered all of the evidence in the hearing bundle.
9. That respondent submits that the reasons for refusal are that the licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction. This provides a reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience in tuition. The Appellant has already had two trainee licences which cover a period of 12 months. Since passing their driving ability test, the Appellant has failed the instructional ability test once which was booked for 17 October 2024.
10. Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). The Appellant provides no evidence of lost training time or a lack of pupils and has had the benefit of two trainee licences for twelve months.
11. The appellant submits that they applied for their Part 3 test 6 months ago straight after they applied for their second trainee licence, but it took more than 6 months for the test to come. During the first few months of the first trainee licence, they could not work/focus on it as at the same time they started a new business and had their full focus on that new business, which failed and put them in a lot of debt and stress. They really need a third trainee licence as it is the only source of income to support a family of 4 dependants.
12. We do not know at the date of this decision whether a second Part 3 test date has now been provided to the Appellant, or whether this has now been taken. However, whilst we accept that the matters are finely balanced and there have been nationwide problems with booking tests, we have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of lost training time or a lack of pupils and exceptional personal circumstances that prevented them from undertaking paid experience of instruction. they have had the benefit of two trainee licences for twelve months. The reasons given by the Appellant shows a lack of commitment in the preceding 12 months of having a trainee licence, to gaining experience to pass the Part 3 test. A first Part 3 test was not taken until after the expiry of 12 months of having a trainee licence. Trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience in order to pass the Part 3 test. Therefore, the Registrar's decision to refuse to grant a second trainee licence in October 2024 was correct.
13. We note that the Appellant has had the benefit of a continuing licence running from the refusal in October 2024, to the date of this hearing of the appeal. This should have provided ample additional time to book a second Part 3 test and continue to receive practical experience in order to pass the required Part 3 test.
14. The appeal is therefore dismissed and the Respondent's decision of 22 October 2024 is upheld.

Signed Judge Dwyer

Date: 27/03/2025