Samson Abraham v Registrar of Approved Driving Instructors

This is an appeal against the decision of the Registrar of Approved Driving Instructors (“the Registrar”), dated 18^th July 2025, refusing the Appellant’s 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.

I have been provided with a 28-page bundle for the purpose of this appeal, containing a number of documents, including the Notice of Appeal and the Appellant’s written representations which were made upon receipt of notification that the Registrar was considering refusing his application for a second licence.

The Appellant was granted his first trainee licence for the period from 30^th December 2024 to 29^th June 2025. On 23^rd June 2025, the Appellant applied for a second licence.

On 26^th June 2025, the Registrar notified the Appellant by email that consideration was being given to refusing the application, and they were asked to make written representations in response within 14 days of the date of that email.

The Appellant responded with his initial written representations on the same date, and on the following day, namely 27^th June 2025, he provided further written representations, accompanied by copies of his pay slips from May 2025, June 2025 and July 2025, and a signed Instructor Training Declaration form. His representations are summarised as follows:

On 18^th July 2025, the Registrar gave the Appellant notice under section 129(4) of the Road Traffic Act 1988 that he was refusing his application for a second trainee licence. The following reasons were given for the Registrar’s refusal of the Appellant’s application for a second licence:

The Appellant was informed in that notice that he may appeal against the decision to this Tribunal within 14 days from the date of that notification, and that if he did appeal it, his present licence would continue in force until the appeal is decided.

The Appellant’s reasons for his appeal are stated in his Notice of Appeal, dated 25^th July 2025, and are summarised as follows:

In the Response to the appeal, dated 16^th October 2025, the Registrar reiterated the reasons for given in his Notice of 18^th July 2025 for refusing the application for a second trainee licence, and made the following additional submissions:

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.

The Appellant submits that he has been limited in being able to provide instruction to pupils because of his other work commitments, which are of course considerable, and his family duties, which involves caring for two young children with his partner. A third child is understood to be on the way. This undoubtedly limits the available time when the Appellant is able to provide instruction to his pupils, which he recognises in his Notice of Appeal where he states “as a full time NHS employee, my availability was limited, and the few pupils I managed to secure were unable to take lessons during my only available times, typically on occasional weekends.”. This does not demonstrate that there has been a lack of pupils for him to provide instruction to, but instead suggests that any difficulties in being able to secure pupils is as a consequence of the restrictions placed upon the Appellant’s time by his family and his other work commitments. The onus is, of course, upon the Appellant to make time to be able to provide instruction to pupils, should he wish to gain sufficient practical experience to prepare for the Part 3 test.

Despite it being a common misunderstanding, it is not the case that individuals are entitled to the continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis that this is an adequate period to prepare for the Part 3 assessment, as it is not necessary to hold a trainee licence in order to either prepare for or take the Part 3 test. It is submitted by the Respondent that six months is a very reasonable period within which to reach the qualifying standard in the examination, and in particular, to obtain any necessary practical experience in tuition. In this instance, the Appellant’s trainee licence has run far beyond the six-month period granted by his licence, which was due to expire on 29^th June 2025. This is as a result of his application for a second licence being made before the expiry of the first and an appeal being made to this Tribunal. He has therefore now had the benefit of a further four months in which to gain practical experience of providing instruction for payment, though I do not take this into account in reaching my decision.

The Appellant has his second Part 3 test booked on 12^th December 2025, which he is not prevented from taking, regardless of whether or not he holds a trainee licence. Should he fail that test, he would have one further attempt at that test, as long as that final attempt were to be completed before 23^rd April 2026, which is the end of the two-year period permitted for him to complete all elements of the examination (his Part 1 test was successfully passed on 23^rd April 2024).

I have regard to the fact that the Registrar is tasked by Parliament with making decisions on licence applications, and that it was not Parliament’s intention that candidates should be given licences for as long as it takes them to pass the examination. In all the circumstances of this case, I do not consider that the Appellant’s reasons are such that it can be shown that the Registrar’s decision was wrong.

The appeal is dismissed.