{"id":569016,"date":"2026-04-15T14:40:15","date_gmt":"2026-04-15T12:40:15","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/naseer-ud-din-kashif-v-registrar-of-approved-driving-instructors\/"},"modified":"2026-04-15T14:40:15","modified_gmt":"2026-04-15T12:40:15","slug":"naseer-ud-din-kashif-v-registrar-of-approved-driving-instructors","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/naseer-ud-din-kashif-v-registrar-of-approved-driving-instructors\/","title":{"rendered":"Naseer Ud Din Kashif v Registrar of Approved Driving Instructors"},"content":{"rendered":"
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Introduction 1. The Appellant is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (the \u201cAct\u201d), for two six-month periods from 10 June 2024 to 9 June 2025. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (\u2018the Registrar\u2019) made on 30 July 2025. The Appellant now appeals that decision. 2. The parties have agreed to a paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended). Legal Framework 3. In order to qualify as an Approved Driving Instructor, applicants must pass the \u2018Qualifying Examination\u2019 comprised of three parts: the written examination (\u2018Part 1\u2019); the driving ability and fitness test (\u2018Part 2\u2019); and the instructional ability and fitness test (\u2018Part 3\u2019). The whole qualifying examination must be completed within two years of passing Part 1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years. 4. If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act: \u2018for 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.\u2019 5. This is commonly known as a trainee licence. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence. 6. By section 129(3) of the Act "The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued." 7. By section 129(8)(c) of the Act "before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period." 8. By section 129(6) of the Act:- "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\u2014 (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." 9. Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar\u2019s decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give appropriate weight to the Registrar\u2019s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Registrar\u2019s decision was wrong rests with the Appellant. The Decision 10. On 9 June 2025, the Registrar informed the Appellant that he was considering refusing his application for a third trainee licence. The Appellant made representations on 20 June 2025 that he had experienced difficulties in obtaining a Part 3 test date. 11. On 30 July 2025, the Registrar notified the Appellant that it refused his application for a third trainee licence. The notice of refusal states the reasons for the refusal as: a. The Appellant did not provide any evidence of lost training time. b. The Appellant had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time. c. It was not Parliament\u2019s intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor. The Appeal 12. The Appellant\u2019s notice of appeal dated 11 August 2025 relies on the following grounds as reasons for the appeal: a. He scheduled his first Part 3 test during his first licence period but only received a test date close to the expiry of his second licence. When unsuccessful, he immediately rebooked another test but was still, at the time of drafting the appeal, awaiting a date. b. He wants to take a test in his local area to give him the best chance of success. c. The primary cause of his difficulty is the excessive time taken by the booking system to allocate dates. It is unreasonable for trainee instructors to be penalised for these delays. d. He has no other employment so his livelihood depends on obtaining the qualification and working as a driving instructor. 13. The Registrar\u2019s statement of case dated 11 November 2025 resists the appeal. The Registrar states that: a. The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration. b. 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 in particular, to obtain any necessary practical experience in tuition. The Appellant was given two trainee licences totalling twelve months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the first, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal. c. Since passing his driving ability test the Appellant has failed the instructional ability test once. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. d. The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. 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). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. The evidence 14. I considered a bundle of evidence containing 22 pages, including the Appellant\u2019s full trainee licence history from the Registrar. Tribunal\u2019s Findings of Fact 15. The Appellant passed his Part 1 Test on 15 March 2024 and Part 2 Test on 26 April 2024. The Appellant\u2019s first trainee licence was granted on 10 June 2024 for a period of six months, during which he booked a Part 3 test. He was not given a date for a test until 30 May 2025. The Appellant\u2019s second trainee licence was due to expire on 9 June 2025.He failed his Part 3 Test on 30 May 2025. He then promptly booked another test but that is not scheduled until 16 December 2025. Conclusions 16. The Tribunal considered the Appellant\u2019s points of appeal. 17. The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 Test. The Appellant has already had the benefit of two trainee licences covering a period of twelve months from 10 June 2024 to 9 June 2025. Additionally, by applying for a third trainee licence the Appellant has had the benefit of s.129(6)(b) of the Act extending the first trainee licence until this appeal is disposed of. 18. However, regrettably, due to delays beyond the Appellant\u2019s control, he has been offered only one test date during that period. Simply put, the Appellant has not been given the opportunity to have three attempts at the test, as is envisaged, because of those delays. 19. The Registrar\u2019s decision failed to engage with the Appellant\u2019s grounds of appeal at all. The Appellant does not assert lost training time or a lack of pupils but complains that delays in offering test dates have resulted in him not being able to qualify within the period of his licences. The Registrar has not taken that into account, and this was wrong. 20. I have considered the decision afresh. It would be unjust not to allow a third licence in these circumstances, which are beyond the Appellant\u2019s control. Licensees should not bear the brunt of delays in offering test dates. 21. The Appellant passed his Part 1 test on 15 March 2024 and so the two-year period within which he must have passed Part 3 test expires on 14 March 2026. Whilst I consider that the Registrar\u2019s decision is wrong, it would also be wrong to grant a third licence that would exceed the two-year period from the date the Appellant passed his Part 1 test. 22. I therefore allow this appeal and substitute a decision granting a third licence from today, 18 November 2025, to allow the Appellant to obtain further practical experience before his second attempt at the Part 3 test. That licence must however expire on 14 March 2026. SignedDate: 18 November 2025 Judge Taft<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Introduction 1. The Appellant is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (the \u201cAct\u201d), for two six-month periods from 10 June 2024 to 9 June 2025. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (\u2018the Registrar\u2019) made on 30 July…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7631],"kji_chamber":[],"kji_year":[8463],"kji_subject":[7712],"kji_keyword":[7705,7633,7637,7641,7639],"kji_language":[7611],"class_list":["post-569016","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-first-tier-tribunal-general-regulatory-chamber-transport","kji_year-8463","kji_subject-social","kji_keyword-appeal","kji_keyword-appellant","kji_keyword-licence","kji_keyword-registrar","kji_keyword-trainee","kji_language-anglais"],"yoast_head":"\nNaseer Ud Din Kashif v Registrar of Approved Driving Instructors - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/naseer-ud-din-kashif-v-registrar-of-approved-driving-instructors\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Naseer Ud Din Kashif v Registrar of Approved Driving Instructors\" \/>\n<meta property=\"og:description\" content=\"Introduction 1. 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