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First-tier Tribunal (General Regulatory Chamber)
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Hussain v Registrar of Approved Driving Instructors [2025] UKFTT 794 (GRC) (30 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/794.html
Cite as:
[2025] UKFTT 794 (GRC)
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Neutral Citation Number: [2025] UKFTT 794 (GRC) |
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Case Reference: FT/D2025/0008 |
First-tier Tribunal
(General Regulatory Chamber)
Transport
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Heard on the papers on 26th June 2025
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Decision Given On: 30 June 2025 |
B e f o r e :
JUDGE ARMSTRONG-HOLMES
____________________
Between:
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TAHSEEN ALI HUSSAIN
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Appellant
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- and -
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REGISTRAR OF APPROVED DRIVING INSTRUCTORS
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Respondent
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____________________
____________________
HTML VERSION OF DECISION
____________________
Crown Copyright ©
Decision: The appeal is dismissed
REASONS
Background and Chronology
- The Appellant appeals against the decision of the Registrar of Approved Driving Instructors ("The Registrar"), dated 4th December 2024, refusing his application for a second trainee licence.
- The parties were agreeable to the determination of this appeal on the papers, that is to say, without an oral hearing. I am satisfied, pursuant to Rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, that I can properly determine the issues without a hearing.
- The Appellant had previously been granted two trainee licence, which were valid over the periods from 6th November 2023 to 5th November 2024. On 7th October 2024 he applied for a third trainee licence.
- On 18th October 2024, the Respondent notified the Appellant, by email, that consideration was being given to refusing his application. The Appellant was invited to make any written representations in response with 14 days of this notification, pursuant to section 129(8) Road Traffic Act 1988 ("the Act").
- The Appellant responded in writing on 21st October 2024, making written representations, which included: -
i. That 3 weeks prior to his Part 3 date, his trainer highlighted weakness in his training 'knowing the training area well', so he changed the test venue from Sale to East Didsbury.
ii. That his aim is to pass the Part 3 at the first attempt, stating that he has fixed most of the issues mentioned during his training by his trainers.
iii. Not being recognised as a PDI will reflect negatively to his confidence, of achieving his goal and being an ADI.
- On 4th December 2024, the Respondent gave the Appellant notice under section 129(4) of the Act that he was refusing his application for a second trainee licence. The following reasons were given for this refusal:
i. That the Appellant has not provided any evidence of lost training time.
ii. That the Appellant had already been granted two trainee licences for 6 months each for the purpose of gaining sufficient experience to pass the final part (Part 3) of the Approved Driving Instructor qualifying examination, which is a more than adequate period of time within which to do this.
iii. That it was not Parliament's intention to that 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 Appellant was informed in that notice that he may appeal this decision to this Tribunal within 14 days from the date of that notification.
- The Appellant's Notice of Appeal, dated 13th December 2024, was received by the Tribunal on the same date. The reasons he provided were the same as those provided to the Respondent on 21st October 2024, save for an addition reason, which was that "In May 2025 my licence will become invalid regardless, the requirement to pass the Part III within 2 years of passing Part II".
- In the response to the appeal, the Respondent refers to the lack of any evidence of lost training time or a lack of pupils. His reasons for refusing the application reiterate those reasons provided within the notice of 4th December 2024, but additionally include the following:
i. That the Appellant has already had the benefit of two trainee licences covering a period of 12 months.
ii. Since passing his Driving Ability Test (Part 2), the Appellant has failed the Instructional Ability Test (Part 3) once, and has cancelled another test booked for 20th August 2024. Despite ample time and opportunity, the Appellant has not ben able to reach the required standard for qualification as an Approved Driving Instructor.
iii. The refusal of a third trainee licence does not bar the Appellant from attempting the instructional ability test (Part 3) of the examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under a licence in order to obtain further training. The Appellant could attend a training course, or study and practise with an Approved Driving Instructor, or give tuition on his own (provided that he does not receive payment of any kind for this). These are all alternatives used by some trainees who acquire the registration without obtaining any licences at all.
- Although not given as a reason for refusing the licence, the Respondent confirmed that the Appellant had his second attempt at the instructional ability test (Part 3) booked for 20th May 2025. This date has of course already passed.
Legal Framework
- The circumstances in which a person may be granted a trainee licence are detailed within Section 129 of the Road Traffic Act 1988 ("The Act"), and the Motor Cars (Driving Instruction) Regulations 2005 ("the Regulations"). The granting of a trainee licence permits applicants to provide instruction for payment before they are qualified and placed on the Register of Approved Driving Instructors. The granting of a trainee licence under section 129(1) of the Act is:
"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."
- 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').
- The whole qualifying examination must be completed within two years of passing the Part 1 examination, and whilst there is no restriction on the number of attempts a candidate may take the Part 1 qualifying examination, Parts 2 and 3 permit only three attempts at each. Should an applicant fail to comply with these requirements, the entire examination would need to be retaken (i.e. Parts, 1, 2 and 3). However, they would not be permitted to retake any part of the examination until 2 years after the date when they passed their Part 1 examination – see Regulation 3(3) of the Regulations.
- Upon passing Part 2, an applicant may be granted a trainee licence. The granting of a trainee licence permits applicants to provide driving instruction for payment before they are fully qualified and on the Register of Approved Driving Instructors (s.123(1) of the Act). It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.
- Section 129(3) of the Act permits the Registrar to "refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued". However, he must give written notice stating that he is considering the refusal of the application and give particulars of the grounds upon which he is considering this (s.129(7) of the Act). Once notice of this consideration has been given, section 129(8)(c) provides that:
"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."
- The period referred to within that section is a period of 14 days from the date when notice was given by the Registrar (s.129(8)(a) of the Act), and the Registrar is not permitted to decide to refuse the application for the licence until after this period has come to an end (s.129(8)(b)).
- Section 129(6) provides as follows:
"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."
- The Appellant's right of appeal and the powers of the Tribunal to determine this appeal are set out within s.131 of the Act. The Tribunal may make such an order as it thinks fit.
- 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.
- It is for the Appellant to show, on the balance of probabilities, that the Respondent's decision was wrong.
Discussion and Conclusions
- I have read and considered a 20-page bundle of documents, provided by the Respondent, which includes the Notice of Appeal and the written representations made by the Appellant to the Respondent at the earlier stage.
- Within the period covered by the Appellant's two trainee licences (i.e. from 6th November 2023 to 5th November 2024) only one Part 3 test was booked. That was for 20th August 2024, but was ultimately cancelled by the Appellant. His reasons for this appeal are silent as to why he didn't book any further test dates within that period, and his grounds of appeal appear to simply be that it would knock his confidence if he does not secure his Approved Driving Instructor status, and that he has now fixed most of the issues highlighted by his trainer in relation to the Part 3 exam. I have inferred this from his reasons for this appeal, but it amounts to no more than this. He did, however, go on to take and fail his first Part 3 test on 24th January 2025, which was outside the period which would ordinarily be covered by his two trainee licences, but as the Respondent has explained, it is not necessary to hold a trainee licence to take the Part 3 test. Nevertheless, the Appellant has been permitted to continue with his training under his second licence, as it has been extended until this appeal has been disposed of, pursuant to section 129(6) of the Act.
- It has not been confirmed whether or not the Appellant took his second Part 3 test on 20th May 2025. If he did take the test and passed then he would be registered as an Approved Driving Instructor. Of course, in the event that he failed that test or cancelled it, then he would in all likelihood find himself in the unfortunate position that he would then have to restart the entire examination process again, commencing with the re-taking of the Part 1 test. The reason for this is that the two-year period within which he must complete the Qualifying Examination (Parts 1, 2 and 3) expired on 3rd June 2025, having commenced on 3rd June 2023 when he passed his Part 1 test. Whilst he could, in theory, have taken a third and final attempt at the Part 3 test before the expiry of the two-year period, the availability of test dates is such that this would be a highly improbable situation. This is something which the Appellant seemingly recognises in his reasons for this appeal (see paragraph 7).
- In reaching my decision I have had regard to all of the reasons for this appeal advanced by the Appellant, and the submissions advanced by the Respondent. I bear in mind that it was not Parliament's intention that candidates should be issued trainee licences for as long as it takes them to pass the examination, and I find favour with the submission that the trainee licence system must not be allowed to become an alternative to registration as an Approved Driving Instructor. In the particular circumstances of this case, I am not persuaded by the Appellant that the Respondent was wrong to refuse his application for a second trainee licence.
- The appeal is dismissed.
Signed:
Judge Armstrong-Holmes
Date: 26th June 2025