Saadat Ahmad Tahir v The Registrar of Approved Driving Instructors

1. This is an Appeal against the decision of the Registrar dated 29 September 2025 that the Appellant should not be granted a third trainee licence.

2. The Tribunal received and considered a bundle of documents , and the Appellant attended an oral hearing by Cloud Video Platform.

3. The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.

4. 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.

5. 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

6. The grant of a trainee licence enables applicants to provide driving instruction for payment before they are qualified.

7. 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.

8. 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.”

9. 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”).

10. 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.

11. 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.

12. Under s129(6) (b), 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 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.

13. 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

14. The Appellant was granted two consecutive trainee licences valid from 9 September 2024 to 8 September 2025.

15. The Appellant applied for a further trainee licence on 3 September 2025, and in an email dated 4 September 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 15 September 2025. The Registrar wrote to the Appellant by email dated 29 September 2025, refusing the application.

16. The Appellant appealed to the Tribunal. The Appeal

17. The Appellant submits that: a. he has throughout his training time been a full-time carer to his mother, taking her to medical appointments and on shopping trips as well as caring for her around the time of her undergoing surgery; he estimates that he spends around 35 hours per week doing this; b. during 2025, he was required to help his father-in-law in relation to surgery which his father-in-law had undergone, and that he was the only member of his family who could do this; c. his training has been disrupted by his trainer leaving the country and the need to find a new trainer, and also by difficulties in taking on students; d. he needs a trainee licence in order to prepare for Part 3; and e. he has fully complied with all of the conditions of his licence.

18. The Registrar submits that: a. 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; b. 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; c. since passing his driving ability test the Appellant had failed the instructional ability test twice; 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; d. 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.

19. In his response to the appeal dated 15 December 2025, the Registrar also noted that the Appellant did not have a third attempt at Part 3 booked. The Appellant said at the hearing that he has a further attempt booked on 2 April 2026. Discussion

20. The Appellant has shown a number of factors which have prevented him from making full use of his licence. To some extent, difficulties with trainer and student availability are to be anticipated by any trainee driving instructor, but the Appellant’s substantial family commitments, which displace and disrupt his ability to undertake paid work, are clearly having a significant impact on him.

21. While the Registrar is correct as a matter of law that a trainee does not need a licence in order to prepare for Part 3, I find that the Appellant’s circumstances have significantly disrupted his ability, in practice, to train.

22. A significant factor in this is the Appellant’s caring commitments for his mother, which it seems were not apparent to the Registrar when he made his decision. Conclusion and decision

23. Having considered all of the evidence and submissions in this appeal, I find that, given the difficulties experienced by the Appellant in using his licence so far, the Registrar’s decision was wrong and the appeal should be allowed.

24. The question then arises as to what order, if any, I should make in respect of the Appellant’s trainee licence and whether I should grant any further extension. Section 131(3) of the Act provides a broad discretion to the Tribunal to make an order as it “ thinks fit ” . Such a decision must necessarily be made on a case by case basis, taking into account the evidence available in the case. While it is a broad discretion, it must be subject to the usual limits of rationality and be in accordance with the law. For example, I do not consider that a trainee licence could be issued where it was no longer possible for the relevant person to be permanently registered.

25. I am conscious that by virtue of this “in-time” appeal, the Appellant has in practice already had the benefit of his licence being effectively extended until the determination of this appeal. That is a period of over five months since the second licence was due to expire. In effect, the Appellant has already had much of the benefit which he had sought. I also take into account the points which the Registrar has made about the purpose of a trainee licence.

26. That being said, taking into account the time between the date of this decision and the date on which the Appellant says that he has booked his third attempt at Part 3, and the statutory purpose of trainee licenses, I consider that it is fair in all the circumstances of the case to order the grant of a further trainee license expiring on the day after that test booking, 3 April 2026. It is ordered that the Appellant be granted a licence for that period. Signed Date: Judge Maton 24 February 2026