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Neutral citation number: [2025] UKFTT 763 (GRC)
Case Reference: FT.D.2025.0007
First-tier Tribunal
(General Regulatory Chamber)
Transport
Heard remotely by CVP
Decision given on: 25 June 2025
Before
JUDGE SANGER
Between
MUHAMMAD SULAIMAN
Appellant
and
REGISTRAR FOR APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is allowed.
REASONS
Introduction
1. This is an appeal against a decision of the Registrar of Approved Driving Instructors ('the Registrar'), made on 29th November 2024, to refuse to grant the Appellant a third trainee licence.
2. The Appellant appeared at the hearing. The Registrar did not appear and was not represented.
3. A certificate of compliance was received from the Respondent on 4th June 2025. I am therefore satisfied that the Respondent had notice of the hearing. This Tribunal has been notified that the Respondent has made a decision not to attend trainee license appeal hearings for the foreseeable future.
4. Rule 36 allows the Tribunal to continue in the absence of a party if it is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party, and it is in the interests of justice to do so.
5. I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed.
Legal Framework
6. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.
7. A trainee licence may be granted in the circumstances set out in s. 129 of the Road Traffic Act 1988 ('the Act') and the Motor Cars (Driving Instruction) Regulations 2005.
8. 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.'
9. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3').
10. Three attempts are permitted at each part. The final Part 3 test, must be booked within 2 years of passing Part 1. If it is not passed, the whole Qualifying Examination has to be retaken.
11. If a candidate has passed Part 2, they may be granted 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.
12. The powers of the Tribunal in determining this appeal are set out in s.131 of the Act. The Tribunal may make such order as it thinks fit.
13. 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.
14. The burden of proof in satisfying the Tribunal that the Registrar's decision was wrong rests with the Appellant.
Factual Background to the Appeal
15. The Appellant had not previously been on the Register of Approved Driving Instructors.
16. The Appellant passed Part 1 of the Qualifying Examination on 22nd June 2023. The Appellant passed Part 2 on 29th August 2023.
17. The Appellant was in receipt of two trainee licences, which were valid from 23rd October 2023 to 9th November 2024.
18. On 17th October 2024 the Appellant applied for a third trainee licence. This application was therefore made before the expiry of the second trainee license.
19. The Appellant failed his first attempt at the Part 3 test on 15th October 2025.
20. On 5th November 2024 the Appellant was informed, by the Registrar, that he was considering refusing the application and invited to make representations.
21. The Appellant made representations on 18th November 2024. The representations were as follows:
a. he was working Monday - Friday from 9:00 to 5:00 and was finding that this did not allow him sufficient energy to practice;
b. he had five children aged between 1 year and 14 years and was only able to practice on Saturdays;
c. he had a back injury which limited the time he was able to sit in the car;
d. he had had difficulty obtaining a slot for the Part 3 test.
22. The application was refused on 29th November 2024.
23. The reasons for the Registrar's decision, in summary, were that:
a. although the Appellant had other employment it was presumed that this had been considered before starting the ADI process;
b. the Appellant had already been granted two trainee licenses, which was deemed to be sufficient time to gain experience in order to pass the part 3 test.
24. On 16th May 2025 the Appellant failed the Part 3 test for a second time.
25. At the time the Registrar's response to the Appeal was filed, The DVSA record showed that the Appellant had a Part 3 test booked on 9th June 2025.
Appeal to the Tribunal
26. The Appellant filed an appeal against the decision of the Respondent on 12th December 2024.
27. The grounds of appeal were, in summary, that:
a. the Appellant had faced significant challenges due to health problems;
b. the Appellant has now recovered and is ready to progress with the training and test.
28. The Registrar, in his response, states:
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 has already had two trainee licences which cover a period of 12 months. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, 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 twice and cancelled one more such test booked for 18 March 2025. Regrettably, DVSA cancelled one such test booked for 27 February 2025. Despite ample time and opportunity the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor; and
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.
e. it should be noted [as at 3rd June 2025] that the Appellant had a final attempt at the part 3 test booked for 9th June 2025.
Evidence
29. I read and took account of a bundle of documents.
30. I heard evidence from the Appellant, who told me that:
a. he had not been able to take the test on the 9th June 2025 because the student who was booked to accompany him was unwell. It had been rebooked for 3rd September;
b. he had felt ready to pass that test and was disappointed at the delay in re-booking;
c. he had a full-time job and five children and was only able to train and offer lessons on Saturdays;
d. long-standing issues with back pain meant that he had lost training time regularly over the last two years but he had now been referred to a physiotherapist and prescribed some exercises;
e. he did not feel that he would be able to keep up his practice and remain test ready if he was not in possession of a trainee license. The school he was working with would not allow him to train students without one and, having tried to teach friends and family, his experience was that they did not take the process seriously and did not listen or concentrate in the same way that students who were paying did;
f. he felt he needed to keep up this practice to enable him to pass the test.
Discussion and Conclusions
31. I may overturn the decision of the Respondent if I am of the opinion that it was wrong. The burden is on the Appellant to show this.
32. The test on 3rd September 2025 will be the Appellant's third and final attempt, after which he will either pass and be registered or fail and be ineligible for further attempts.
33. The Appellant has provided me with evidence which was not available to the Registrar and which persuades me that the decision of the Registrar was wrong.
34. I allow the appeal accordingly. The trainee license shall be extended until 3rd December 2025 to allow the Appellant to take his booked test and with some leeway in the event that the test is cancelled by DSA.
Signed: Judge Sanger Date: 23rd June 2025