Muhammad Nadeem Ilyas v Registrar for Approved Driving Instructors

This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 26 March 2025 to refuse to grant the Appellant a third trainee licence.

The Registrar has notified this Tribunal that he will not be represented at most trainee license appeal hearings for the foreseeable future.

Two attempts were made by the court clerk to call the Appellant. The Appellant was sent joining instructions for a second time.

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.

I took account of the overriding objective and was satisfied that it was in the interests of justice to proceed. Both parties were aware of the hearing date and time. To postpone the hearing, of which I am satisfied the Appellant was aware, would extend the period of his trainee license by default until further hearing. It would not be in the interests of justice to allow an extension to the Appellant’s trainee licence in this way.

I therefore proceeded to consider the position on the papers before me.

The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.

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.

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.’

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. 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.

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 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. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant.

The Tribunal has not been provided with any information relating to the Appellant’s history in relation to passing Parts 1 and 2 of the Qualifying Examination, save for the fact that the Appellant has had the benefit of two previous trainee licences lasting 12 months.

The Appellant applied for a third trainee licence which was refused on 26 March 2025. As the Appellant has applied for a further licence and appealed the refusal decision before his previous licence expired, this means that, at the date of the hearing, the Appellant has been the beneficiary of a trainee licence for an additional 7 months.

The reasons for the Registrar’s decision, in summary, were that the Appellant had already had a sufficient amount of time to gain experience to assist in passing Part 3 of the Qualifying Examination and that it was not the intention of Parliament that candidates should be issued with trainee licences for as long as it takes them to pass the examination, and that the trainee licence system must not be used as an alternative to registration as a fully qualified Approved Driving Instructor.

The grounds of appeal are, in summary:

The Registrar in his response states:

I read and took account of the Appellant’s appeal form, the Respondent’s response and the Respondent’s initial Decision Notice.

I note that at the time of the hearing, there was no evidence to suggest that the Appellant has a third and final attempt at the Part 3 test booked. His last attempt was in December 2024. The Appellant has had 9 months to secure a date for his Part 3 test.

I note that the Appellant has already had the benefit of trainee licences covering a period of over 12 months. This should have been adequate time to prepare. Further, I note that the Appellant has had the benefit of a further period of over 7 months up to today.

The overall period in which the Appellant has been able to give driving instruction should have provided a reasonable opportunity to obtain the practical experience envisaged by the Act.

The Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence.

The trainee license is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken.

Having weighed all matters in the balance, the Appellant has not persuaded me that the Registrar’s decision was wrong in any way. In all the circumstances, I agree with the Registrar’s decision and the appeal is dismissed.