Sameena Ashraf v Registrar of Approved Driving Instructors

Neutral citation number: [2026] UKFTT 00712 (GRC) Case Reference: FT/D/2026/0054 First-tier Tribunal (General Regulatory Chamber) Transport Decided without a hearing Decision given on: 18 May 2026 Before JUDGE TAFT Between SAMEENA ASHRAF Appellant and REGISTRAR OF APPROVED DRIVING INSTRUCTORS Respondent Decision: The appeal is Allowed. The Registrar must notify the Appellant that she will be granted a third trainee licence that will expire on 11 July 2026. REASONS Introduction

1. Mrs Ashraf is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (the “Act”), for two six-month periods. She was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 7 January 2026. Mrs Ashraf now appeals that decision.

2. The parties have agreed to a paper determination of the appeal. I am satisfied that I 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 ‘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’). 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. Regulation 3(4)(c) of The Motor Cars (Driving Instruction) Regulations 2005 confirms that the applicant must have applied to take the Part 3 test they ultimately pass within two years of passing the Part 1 test.

4. If a candidate has passed Part 2, they may be granted a licence under section 129(1) of the Act: “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.”

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— (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’s decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give 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 Mrs Ashraf. The Decision

10. On 22 October 2025 the Registrar informed Mrs Ashraf that he was considering refusing her application for a third trainee licence. Mrs Ashraf had made representations on 16 October 2025 that: 10.1 She has been actively preparing for her Part 3 test and regularly checking the DVSA system for test dates but has not been able to secure a slot due to lack of availability in her area; 10.2 She has also checked other areas but there is no availability; 10.3 She remains committed to her development as a driving instructor, maintaining teaching practice and professional standards; and 10.4 She does not want to let her students down, some of whom suffer from anxiety or have English as an additional language.

11. On 7 January 2026, the Registrar notified Mrs Ashraf that he refused her application for a third trainee licence. The notice of refusal states the reasons for the refusal as: 11.1. Mrs Ashraf had not provided any evidence of lack of pupils or practice time; 11.2. Mrs Ashraf had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time; and 11.3. It was not Parliament’s 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. Mrs Ashraf’s notice of appeal dated 15 January 2026 relies on the following grounds as reasons for the appeal: 12.1 She is not seeking a third licence because of lack of pupils or practice time but because of lack of available test dates, which is outside her control; 12.2 Throughout her trainee licence period, she has complied with licence conditions and continued structured training; 12.3 She is approaching test standard and is committed to qualifying at the earliest opportunity so will continue to seek a test date; and 12.4 She provides instruction in Urdu and Punjabi and to female learners who request a female instructor for cultural or personal reasons so there is a wider public interest in allowing her to continue to provide this service pending qualification.

13. The Registrar’s statement of case dated 19 March 2026 resists the appeal. The Registrar states that: 13.1. Mrs Ashraf has not provided any evidence of lack of pupils or lost training time. 13.2. 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. 13.3. 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. Mrs Ashraf was given two trainee licences totalling twelve months. Moreover, by virtue of Mrs Ashraf 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 her to continue to give paid instruction until determination of the appeal. 13.4. Since passing her driving ability test Mrs Ashraf has failed the instructional ability test twice. Despite ample time and opportunity Mrs Ashraf has not been able to reach the required standard for qualification as an Approved Driving Instructor. 13.5. The refusal of a third licence does not bar Mrs Ashraf from attempting the instructional ability test of the Register examinations. She does not need to hold a licence for that purpose, nor is it essential for her to give professional tuition under licence in order to obtain further training. Mrs Ashraf could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on her own (provided that she 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. 13.6. Mrs Ashraf has her final attempt at the test booked and is awaiting an available date. The evidence

14. I considered a bundle of evidence containing 24 pages, including Mrs Ashraf’s full trainee licence history from the Registrar. Findings of Fact

15. Mrs Ashraf passed her Part 1 test on 6 August 2024 and Part 2 test on 15 October 2024. Mrs Ashraf’s first trainee licence was granted on 4 November 2024 for a period of six months. Mrs Ashraf’s second trainee licence was due to expire on 3 November 2025. She failed her Part 3 test on 7 February and 25 March 2025. She has applied for a third test but as at 19 March 2026, no date had been offered. There is no record of any tests being cancelled. Conclusions

16. I considered Mrs Ashraf’s 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. A trainee licence must not become an alternative to qualification by passing the Part 3 test.

18. However, the Registrar’s decision did not engage with the fact relied upon by Mrs Ashraf – that delays in offering her a test date have prevented her from having three attempts at the test within the trainee licence period. This is not a case of an ADI cancelling tests but the DVSA failing to offer a date. The six months’ duration of the trainee licence is only a reasonable period in which to pass the Part 3 test if a test date is available within a reasonable period of time after booking.

19. The Registrar has confirmed that Mrs Ashraf has booked a test but as at 19 March, no date had been offered. There is no indication from either party that a date has now been scheduled.

20. Nevertheless, by applying for a third trainee licence Mrs Ashraf has had the benefit of s.129(6)(b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a period of over six months). Had the second trainee licence been granted this would have expired before the consideration of this appeal.

21. Therefore, whilst I consider that the Registrar’s decision was wrong, because it failed to take into account Mrs Ashraf’s representations about difficulties obtaining a test date, I do not consider it appropriate to grant her a further six months in which to attempt the test. Had information been available about a test date, I would be in a better position to estimate a reasonable period of time for which to grant a further licence. In the absence of that information, I can only make a best guess, and so notify the Registrar that he must inform Mrs Ashraf that he will grant a third trainee licence for a further two months from today. SignedDate: 12 May 2026 Judge Taft