Rizwan Shafique v Registrar of Approved Driving Instructors

This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 13 May 2025 to refuse to grant the Appellant a third trainee licence.

The parties and the Tribunal agreed that the appeal could be determined on the papers pursuant to Rule 32 (a) and (b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

I have considered a bundle of evidence containing 22 numbered pages, plus index.

The Appellant’s Notice of Appeal is dated 26 May 2025. The grounds of appeal concern a family emergency encountered during the course of their previous trainee licence that affected their ability to gain the necessary training experience.

The Registrar’s Statement of Case dated 27 August 2025 resists the appeal. The Registrar says that the Appellant did not provide any evidence of lost practice time or a lack of pupils and has already had the benefit of two trainee licences each of 6 months duration.

The Appellant did not provide a reply to the Respondent’s Statement of Case.

The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified as an Approved Driving Instructor (‘ADI’). A trainee licence may be granted in the circumstances set out in section 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.’

To qualify as an ADI, 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 must be retaken.

If a candidate has passed Part 2, they may be granted a trainee licence. However, holding a trainee licence is not necessary in order to qualify as an ADI, and many people qualify without having held a trainee licence.

The powers of the Tribunal in determining this appeal are set out in section 131 of the Act. The Tribunal may make such order as it thinks fit (section 131(3)). 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 Appellant passed Part 1 of the Qualifying Examination on 11 October 2023 and passed Part 2 on 23 February 2024. The DVSA cancelled the Appellant’s Part 3 test booked for 19 November 2024. The Appellant failed the Part 3 test on 6 February 2025 and 12 March 2025 and then cancelled the next three tests booked for 18 July 2025, 8 August 2025 and 8 September 2025.

The Appellant is not now and never has been on the Register of Approved Driving Instructors.

Two licences were granted to the Appellant under section 129 of the Act to gain practical experience to assist in passing Part 3 of the Qualifying Examination. The licences were valid from 29 April 2024 to 28 April 2025.

On 19 April 2025 the Appellant applied for a third trainee licence. As the Appellant applied before the existing licence expired, the Appellant has had the benefit of a trainee licence for almost 18 months by the time of the hearing.

By email sent on 23 April 2025 the Registrar notified the Appellant that he was considering refusal of the application for a third trainee licence.

The Appellant sent representations in response on 5 May 2025. They explained that:

Having considered those representations, the Registrar gave notice to refuse the licence application on 13 May 2025.

In summary, the reasons for the Registrar’s decision were:

The Appellant’s grounds of appeal reiterate the points summarised above that were made to the Registrar. They add that:

The outcome sought in the Notice of Appeal is an extension of the trainee licence until the Appellant’s third and final attempt at the Part 3 examination.

I accept that the Appellant has experienced difficult and stressful personal circumstances involving the health of their child. This occurred at a time that coincided with the period when they had anticipated gaining more teaching experience in readiness for the Part 3 test. I recognise that these personal circumstances will have impacted upon the Appellant’s progress.

However, having failed the Part 3 test twice, the Appellant subsequently cancelled test dates on three more occasions for which no explanation is provided. The Appellant has already had the benefit of a trainee licence for just under 18 months. But for the appeal, a third licence would be about to expire had it been granted. In effect the Appellant has already had the benefit of a third 6-month trainee licence.

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 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.

In the circumstances, I am not satisfied that the Registrar’s decision was wrong, and the appeal is dismissed.