Maryam Bi v Registrar of Approved Driving Instructors

Neutral Citation Number[2026] UKFTT 239 (GRC)

View download options

Maryam Bi v Registrar of Approved Driving Instructors

Neutral Citation Number[2026] UKFTT 239 (GRC)

NCN: [2026] UKFTT 00239 (GRC) Appeal Number: FT/D/2025/0671
Decision given on: 20 February 2026
First-Tier Tribunal
(General Regulatory Chamber)

Transport Regulations

Between:

Maryam Bi

Appellant:

and

Registrar of Approved Driving Instructors

Respondent:

Date and type of Hearing: Hearing on the papers on 11 February 2026.

Before: Brian Kennedy KC

Decision: The Tribunal dismisses the appeal.

Promulgated: 11 February 2026.

Introduction

1. This is an appeal against DVSA’s refusal to issue a third trainee driving instructor licence under the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. I have reviewed the bundle, the Respondent’s decision, and the Appellant’s submissions. The refusal was lawful and rational; the appeal is dismissed. 

Appellant’s Arguments

2. The Appellant contends that cancellations—including one by DVSA—impeded progress; a third licence is needed for real-world practice to prepare for the final Part 3 attempt; refusal is unfair and disproportionate given her efforts and earning needs; and the scheme’s purpose should not penalise events beyond her control. ·

Facts and Context

3. The Appellant has held two six-month trainee licences, passed Part 2, failed Part 3 twice, cancelled two further tests (18 Nov 2025; 06 Jan 2026), with one DVSA cancellation (02 Mar 2026). She applied for a third licence before expiry, and her final Part 3 attempt is listed for 07 Apr 2026.

Reasons and Law

4. The trainee licence is a temporary, transitional permission to gain experience toward registration; there is no entitlement to renewal. Given two failures, two self-cancellations, and only one DVSA cancellation, DVSA was entitled to conclude that sufficient progress had not been shown and that a further licence would frustrate the statutory purpose. Training can continue without paid instruction. With a final attempt already booked, the functional need for a trainee licence is spent. 

Decision

5.

The Respondent acted within the statutory purpose and exercised discretion lawfully. The appeal is dismissed.

Authorities

1.

Road Traffic Act 1988, ss 123–131 (ADI Register).

2.

Motor Cars (Driving Instruction) Regulations 2005 (trainee licence purpose; six-month limit; attempts framework).

3.

Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 (reasonableness).

4.

Padfield v Minister of Agriculture [1968] AC 997 (statutory purpose).

5.

British Oxygen Co v Board of Trade [1971] AC 610 (policy, no fettering).

6.

Secretary of State for Education v Tameside MBC [1977] AC 1014 (duty of inquiry).

7.

R v SSHD, ex p Doody [1994] 1 AC 531 (fairness; reasons).

8.

R (Hope and Glory Public House Ltd) v Westminster Magistrates’ Court [2011] EWCA Civ 31 (licensing discretion).

9.

R (Khatun) v Newham LBC [2005] QB 37 (relevant/irrelevant considerations).

10.

McCool v Rushcliffe BC [1998] 3 All ER 889 (breadth of licensing discretion).

Judge Brian Kennedy KC 12 February 2026.

Document download options

Download PDF (182.3 KB)

The original format of the judgment as handed down by the court, for printing and downloading.

Download XML

The judgment in machine-readable LegalDocML format for developers, data scientists and researchers.