Appeal Number: FT/D/2025/1069
Transport
Heard on 18 March2026.
Before Judge Brian Kennedy KC
Between:
Wajda Khan
Appellant
and
The Registrar of Approved Driving Instructors
Respondent
DECISION NOTICE
Decision: The appeal is Dismissed
The Tribunal heard this appeal on 18 March 2026. After careful consideration of all the evidence and submissions, and with some reluctance, the Tribunal dismisses the appeal.
REASONS
Background:
Miss Khan is a conscientious and courteous applicant who has worked towards qualification as an Approved Driving Instructor (ADI). She has never been on the Register but between 23 September 2024 and 24 September 2025 held two trainee licences.
On 15 September 2025 she applied for a third trainee licence. Owing to an administrative error, she did not receive the usual notice, but provided detailed representations, nonetheless.
On 2 October 2025 the Registrar refused the application.
Chronology of Attempted Progression:
Miss Khan successfully completed Part 1 and Part 2 testing. Her difficulty has consistently concerned Part 3.
Between 3 October 2024 and 24 November 2025, she failed one Part 3 test and cancelled seven further tests.
She now has a further Part 3 test booked for 1 April 2026.
The Appellant’s Circumstances:
Miss Khan explained that a combination of factors affected her progress: difficulties obtaining test dates, unexpected disruption abroad, illness (shingles), medication side effects, part-time employment, and vehicle breakdowns.
The Tribunal accepts that these matters were genuinely experienced and that she has done her best.
The Registrar’s Reasons:
The Registrar relied on the following propositions:
The trainee licence system is temporary and not a substitute for registration.
A six‑month licence ordinarily provides more than adequate time to reach the qualifying standard.
Despite two licences covering 12 months, Miss Khan failed one test and cancelled seven.
A trainee licence is not required to train for Part 3; candidates can practise unpaid or with an ADI.
Discussion and Findings:
The Tribunal must decide whether exceptional circumstances justify a third licence.
While Miss Khan has had a series of difficult experiences, these are not uncommon among trainees.
The medical evidence does not demonstrate a sustained barrier preventing training.
The pattern of cancellations is consistent with the Registrar’s conclusion.
Granting a third licence in sympathetic but not exceptional circumstances risks undermining the statutory purpose.
Conclusion:
The Tribunal is sympathetic and commends her commitment, but exceptional circumstances are not demonstrated.
The Registrar’s reasoning was lawful, proportionate and consistent with the statutory scheme.
The appeal is dismissed.
The Tribunal wishes Miss Khan well for her Part 3 test on 1 April 2026.
Judge Brian Kennedy KC 18 March 2026.