Dilshad Ali Ahmed v Registrar of Approved Driving Instructors

This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made 6^th January 2025 to refuse to grant the Appellant a second trainee licence.

The Appellant is a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 (Footnote: ¹) (‘the Act’) for a six-month period, but was refused a further licence at the end of the relevant period.

The Registrar’s reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a second trainee licence was therefore refused.

The Appellant now appeals the Registrar’s decision.

The Appellant’s Notice of Appeal, dated 7^th February 2025, indicates that he would like a hearing because “I believe I am right to get another trainee licence, to get more experience and getting ready for Part3.” No further details were pleaded.

The Appellant did indicate in earlier correspondence with the Registrar that he had been given Part 3 tests with little notice and accordingly wasn’t ready for them. He argued that this was unfair. The Appellant set out that in order to organise his Part 3 he had to find a pupil that was available and ensure they were ready to have another person in the car with them. He asserted this was difficult at short notice.

The Respondent submitted that the decision letter sets out their position. The Registrar points out that the Applicant had sufficient time to progress. The Registrar indicates that the Appellant has been licensed since July 2024.

The Appeal was heard by CVP enabled video hearing.

The Appellant attended and was unrepresented. He attended by telephone.

The Respondent did not attend.

The Tribunal considered a bundle of evidence containing 20 pages.

The Appellant repeated his assertions about being unprepared for his test. He maintained that by not being given proper notice he wasn’t given a fair chance to take his examination. He didn’t have time to arrange a student properly, and prepare them for them being part of the Appellant’s Part 3.

He was asked why when he has been licensed for 13 months he needed more time. He said he needed the “badge,” to instruct and that was why he needed more time. He said he had been looking for a test date since December that suited him. He didn’t get one, so has fallen back on a “on hold booking.” No date has been given to him so far. He indicated he may not be fully ready to take his Part 3, but was working to be in the best position to pass the test.

He said that being a trainee instructor was his employment at the moment, he enjoyed it, and if his licence was removed he would have to find a new job. He explained that he was receiving positive feedback from his work and asked to be allowed to continue doing his best for his pupils.

He said without his licence it would cause him and his family real financial issues.

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 s. 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 (Footnote: ²).

A licence under section 129(1) of the Act is granted:

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’). Three attempts are permitted at each part. The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken.

If a candidate has passed part 2, they may be granted a trainee licence. However, holding a trainee licence is not a prerequisite to qualification as an Approved Driving Instructor and many people qualify as an Approved Driving Instructor without having held a trainee licence.

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.

When making its Decision, the Tribunal stands in the shoes of the Registrar of approved Driving Instructors and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar’s decision (Footnote: ³) 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 Tribunal considered carefully all the evidence and papers before it.

In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant has not indicated any difficulty with training opportunities simply that he believes he is entitled to a second licence. He is not.

The Appellant’s main argument is that he wants to set the date he is to be tested. He wants to pick the opportunity that gives him the best chance to pass. Whilst the Tribunal understands this position, it isn’t a basis for a further licence. Here the Appellant has held his first licence for over 13 months as a result of the appeal process. He has had more than long enough to train, which is the sole purpose of the licence. There is no reason really why he has not taken his final Part 3 test and accordingly I find that the appeal must fail.

The Tribunal gave careful consideration to the Appellant’s affairs and indeed those of his current pupils, but it not possible to do anything other than refusing the application with immediate effect. The purpose of the licence has been used and there is little else that can be said.

The Appellant is still able to take his Part 3 test if he so chooses, and if that is the option he takes the Tribunal wishes him well. In light of this decision he may want to press for a quick test if one is available.

The Appeal is dismissed.

DATE: 1^st September 2025