Mohammed Halim v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors ("the Registrar") made on 26/06/2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is a trainee driving instructor who has previously been granted 2 trainee licences under section 129 of the Road Traffic Act 1988 (the "Act"). These licences ran between 03/06/2024 and 02/06/2025. The Appellant applied for a third trainee licence on 14/05/2025. This application was refused by the Registrar on 26/06/2025. The Appellant now appeals the Registrar's decision.

3. The Appellant requested that the appeal be decided without a hearing. The Respondent did not request an oral hearing. The Tribunal had the benefit of the Respondent’s response, reasons for the Appeal and supporting evidence from the Appellant. I did not consider that further information was required from either party in order to make an informed decision. I am therefore satisfied that I could properly determine the issues without a hearing in accordance with Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. 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.

7. 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.

8. 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

9. I have considered a bundle of evidence containing 22 pages. Whilst reference is not made to each individual piece of evidence considered in this decision notice, I have carefully considered all of the evidence in the hearing bundle.

10. The Appellant submits that they need a further trainee licence to practice and prepare for their last attempt at the Part 3 test as this is a practical test. They missed the pass mark by 2 points on the previous test and was advised to undertake more practice. If they don’t have a trainee licence they cannot practice and prepare. They were unable to have any Part 3 tests during the last licence period as there were not any test dates available.

11. 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 very reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience in tuition.

12. The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. The Appellant has already had 2 trainee licences which cover a period of 12 months. The Appellant has failed 2 Part 3 tests and a further Part 3 test is booked for 16/12/2025.

13. Whilst I accept that the matters are finely balanced and there have been nationwide problems with booking tests, I have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or a lack of pupils. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on their own (provided that they not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. 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.

14. If the Appellant fails the test booked for December 2025, then this will be the final attempt and no further attempts are allowed under the legislation. Furthermore, they must pass Part 3 test before 29/12/2025, as any Part 3 test must be booked for completion within 2 years of passing the Part 1 test. There is no exception to the 2 year period for any personal circumstances. Therefore, even if the appeal was allowed, a third trainee licence would only be valid up 29 December 2025, or the date of the Part 3 Test. The Appellant has had the benefit of a continuing licence running from the refusal in June 2025, to the date of this hearing of the appeal. This should have provided ample additional time to book a final Part 3 test and continue to receive practical experience in order to pass the required Part 3 test.

15. Therefore, the Registrar’s decision to refuse to grant a second trainee licence in June 2025 was correct.

16. The appeal is therefore dismissed and the Respondent’s decision of 05/06/2025 is upheld. SignedJudge DwyerDate: 20/11/2025