Arslan Waheed v The Registrar of Approved Driving Instructors

This is an appeal against the decision of the Registrar dated 8 January 2026 that the Appellant should not be granted a fourth trainee licence.

The Tribunal received and considered a bundle of documents.

The Appellant said that he wants the appeal to be determined without a hearing, and the Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.

By rule 32 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, an appeal can be decided without a hearing if each party has consented to this, and if the Tribunal is satisfied that it can properly determine the issues without a hearing.

I am satisfied that these requirements were met in this case, and that this was a fair and just way to decide the Appeal.

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 (“the Regulations”).

A licence under s129(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.”

In order to qualify as 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.

The Appellant was granted three consecutive trainee licences valid from 26 May 2024 to 25 November 2025.

The Appellant applied for a further trainee licence on 25 November 2025, and in an email dated 26 November 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 19 November 2025. The Registrar wrote to the Appellant by email dated 8 January 2026, refusing the application.

The Appellant appealed to the Tribunal.

The Appellant passed his Part 2 test on 30 January 2024.

By regulation 3(4)(c) of the Regulations, a condition of passing the Qualifying Examination is that the applicant must apply for Part 3 within two years of passing Part 2. That period having passed, the Appellant can now no longer apply for a Part 3 test without restarting the process.

On 6 May 2026 the Registrar applied for the appeal to be struck out under rule 8(3(c) of the Tribunal’s rules on the basis that it had no reasonable prospect of success, as a trainee licence should no longer be required.

The Appellant made submissions in relation to the strike out application on the same day, objecting to the application. He says that he was due to take his Part 3 test on 5 May 2026 but was unable to due to a sudden illness. He also says that he has experienced challenges with his health during the period of his training, that he has been unable to work for periods of the time, and that he would find it very difficult to have to restart the process.

Although the timing of the appeal does mean that the Appellant cannot now apply for a further Part 3 test, I consider that it is in the interests of fairness to the Appellant that I give proper consideration to the circumstances of his appeal and the question whether the Registrar’s decision was wrong. If the appeal were struck out then the Appellant would be denied this opportunity. Accordingly, I decline to strike out the appeal.

The Appellant submits that:

The Registrar submits that:

The Registrar noted at the time of filing his response to the appeal dated 31 March 2026 that the Appellant had a further Part 3 attempt booked for 5 May 2026. As noted above the Appellant submits that he could not take the test on that day due to a sudden illness.

The Appellant has clearly suffered significant medical difficulties during the period of his training. He provides evidence showing that this has affected his ability to work for more than three months, at separate times.

The Appellant has a full-time job around which he will have needed to arrange his training, but this is a matter which the Appellant could reasonably have been expected to manage alongside his training, rather than being imposed on him by events outside of his control.

That being the case, he has benefited from three licences covering a period of 18 months, as well as the statutory extension to the effect of his licence during the course of this appeal, a period of significantly more than two years, which is the time in which the Regulations envisage applicants passing Part 3.

Having considered the matters set out above, I find that, although the Appellant has suffered difficulties during the time since passing his Part 1 test, this does not outweigh the Registrar’s reasons for refusing the Appellant a fourth trainee licence.

Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal.