Case Reference: FT/D/2026/0061
Transport
Heard by Cloud Video Platform
Before
JUDGE MATON
Between
AZIZULLAH BANNG
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Representation:
The Appellant did not appear and was not represented.
The Respondent did not appear and was not represented.
Decision: The appeal is Dismissed.
REASONS
This is an appeal against the decision of the Registrar dated 7 January 2026 that the Appellant should not be granted a third trainee licence.
The Tribunal received and considered a bundle of documents.
On the morning of the hearing the Appellant telephoned the Tribunal to say that he had accepted a test booking which would clash with the hearing and accordingly might not be able to attend. The Tribunal contacted the Appellant later in the day, shortly before the time listed for the hearing, at which point he confirmed that he would not be attending the hearing.
The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.
The parties were given notice of the date and time of the hearing by email on 18 March 2026. In that email they were informed that if a party did not attend the hearing then the Tribunal may proceed in their absence.
By rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, a hearing can proceed in the absence of a party if the Tribunal is satisfied that the party had notice of the hearing and that it is in the interests of justice to proceed.
I am satisfied that these requirements were met in this case, and that this was a fair and just way to decide the Appeal.
Relevant law
The grant of a trainee licence enables applicants to provide driving instruction for payment before they are qualified.
A trainee licence may be granted in the circumstances set out in s129 of the Road Traffic Act 1988 (“the Act”) and the Motor Cars (Driving Instruction) Regulations 2005.
In order to qualify for registration as an approved driving instructor, applicants must pass the Qualifying Examination. This comprises: a written examination (“Part 1”); a driving ability and fitness test (“Part 2”); and an instructional ability and fitness test (“Part 3”).
Three attempts are permitted at each part. The whole examination must be completed within two years of passing Part 1, failing which the whole examination has to be retaken.
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. Under s129(2) of the Act, the Registrar must grant a licence to an applicant who fulfils specified conditions, including that they have passed Parts 1 and 2. Under s129(3) the Registrar has discretion to refuse an application for a second or subsequent licence.
Under s129(6)(b), where a person applies for a new licence in substitution for a licence held by them and current at the date of the application, the previous licence will not expire if the Registrar decides to refuse the application, until the time limit for an appeal against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.
The powers of the Tribunal in relation to appeals against decisions not to grant trainee licences are set out in s131 of the Act. When making a decision on any such appeal, 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.
Background
The Appellant was granted two consecutive trainee licences valid from 16 January 2024 to 15 January 2025.
The Appellant applied for a further trainee licence on 16 October 2025, and in an email dated 22 October 2025 the Registrar advised that he was considering refusing the application, and invited the Appellant to make representations regarding this. The Appellant made representations in an email dated 4 November 2025. The Registrar wrote to the Appellant by email dated 7 January 2026, refusing the application.
The Appellant appealed to the Tribunal.
The Appeal
The Appellant submits that:
he experienced difficulties in booking Part 3 tests;
his training was disrupted due to his trainer being unwell, and his being required to travel abroad with his brother for football tournaments; and
without a licence his training will be limited.
The Registrar submits that:
the purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration; the system of issuing licences is not and must not be allowed to become an alternative to the system of registration;
the licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction; that this provides a very reasonable period in which to reach the qualifying standard in the examination and in particular, to obtain any necessary practical experience in tuition; moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, that licence remained in force and would allow him to continue to give paid instruction until determination of the appeal;
since passing his driving ability test the Appellant had failed the instructional ability test once;and that despite ample time and opportunity, the Appellant had not been able to reach the required standard for qualification as an approved driving instructor;
the refusal of a third licence does not bar the Appellant from attempting Part 3; he does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training; and that alternatives are available to acquire registration without obtaining a licence.
The Registrar noted at the time of filing his response to the appeal dated 29 April 2026 that the Appellant had a further Part 3 attempt booked for 29 May 2026. As the Appellant declined to attend the hearing of this appeal on 1 June 2026 due to a test booking, this previous booking may not have been kept, but I do not have enough evidence to make a finding based on this.
Discussion
The Appellant submits that events beyond his control have limited his ability to train during his license period so far.
He says that his trainer has suffered with sciatica and has been unable to give training for a period of time, although when this occurred and how long it lasted for is not clear. He provides no evidence of having sought alternative training provision for the relevant time.
He says that he was “required to travel abroad to Germany and Poland for a limited period to act as an accompanying adult for [his] brother during organised football tournaments”. He provides flight documentation for outbound flights to those countries, but not for return journeys. It is not clear why this travel was “required”, but I note that it was for “a limited period”.
The Appellant also submits that he has experienced limited test availability, which I accept. Nevertheless, he has had the benefit of two six-month licences, as well as the statutory extension of the effect of his licence during the course of this appeal, which amounts to a large proportion of the six months for which he applied.
Conclusion and decision
Having considered the matters set out above, I find that, although the Appellant had difficulty securing attempts at the Part 3 test, and that his training suffered some disruption, in particular from his trainer’s illness, the grounds of appeal and the evidence in support of them do not outweigh the Registrar’s reasons for refusing the Appellant a third trainee licence.
Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal.
Signed: Date:
Judge Maton 1 June 2026