Henna Haider Malik Ghulam v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 17 September 2025 to refuse to grant the Appellant a third trainee licence.

2. The Appellant is a trainee driving instructor who has previously been granted two trainee licences under section 129 of the Road Traffic Act 1988 (“ the Act ”). These licences ran between 03 September 2024 and 02 September 2025. The Appellant applied for a third trainee licence on 21 August 2025.

3. Within their appeal form GRC1, the Appellant requested this appeal be decided without a hearing. The Respondent did not request an oral hearing. The Tribunal has the benefit of the Appellant’s reasons for appeal and supporting evidence and the Respondent’s response. Having reviewed the same I do not consider that further information was required from either party in order to make an informed decision. I am therefore satisfied that I can properly determine the issues without a hearing in accordance with Rule 31(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The Legal Framework

4. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005.

5. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the instructional ability and fitness test (Part 3). Three attempts are permitted at each part. The Part 3 test must be booked within two years of passing Part 1, otherwise the whole Qualifying Examination has to be retaken.

6. A licence under section 129(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". The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.

7. An applicant may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to take the Part 3 test or qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

8. The powers of the Tribunal in determining this appeal are set out in section 131 of the Act . The Tribunal may make such order as it thinks fit ( section 131(3) ). 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 burden of proof in satisfying the Tribunal that the Registrar's decision was wrong rests with the Appellant The evidence

9. I have considered a bundle of evidence containing an Index and 21 numbered pages, this includes the Appellant’s trainee licence history from the Registrar. Whilst it is my intention to refer only to the relevant facts and evidence necessary to explain my decision the Parties can nevertheless be assured, I have considered all the evidence in the hearing bundle.

10. The Appellant submits that the decision of the Registrar does not adequately take into account their “exceptional circumstances” and the grant of a third trainee licence is necessary to allow them a fair chance to pass their test. Delays in the availability of Part 3 tests and a cancellation by the Registrar Part 3 test booked for 04 August 2025 have prevented them progressing in the normal time frame. Additionally childcare responsibilities and health issues, including migraines, have also limited their ability to gain experience during the previous licence periods.

11. It is unclear from the documents provided what the impact of the health concerns were on the Appellant’s ability to work as a trainee driving instructor. Of note the extract of medical records provided by the Appellant covers the period of 31 July 2024 to 06 August 2024; prior to the issue of the first trainee licence.

12. The Respondent submits that the reasons for refusal are that 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. This provides a very reasonable period in which to reach the qualifying standard in the examination and to obtain any necessary practical experience in tuition. Conclusions

13. The refusal of a third licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. The Appellant has already had 2 trainee licences which cover a period of 12 months. The Appellant has failed one Part 3 test and had a further Part 3 test booked for 12/12/2025. The outcome of that test nor whether it took place are known to the Tribunal.

14. Whilst I accept that the matters are finely balanced and there have been nationwide problems with booking tests, I have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or a lack of pupils. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on their own (provided that they not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. Trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience, in order to pass the Part 3 test.

15. If the Appellant failed the test booked for December 2025, they must pass or have booked the Part 3 test before 20 March 2026, as any Part 3 test must be booked for completion within 2 years of passing the Part 1 test. There is no exception to the 2 year period for any personal circumstances. Therefore, even if the appeal was allowed, a third trainee licence would only be valid up 20 March 2026 or the date of the Part 3 test.

16. The Appellant has had the benefit of a continuing licence running from the refusal in June 2025, to the date of this hearing of the appeal. This should have provided ample additional time to book a final Part 3 test and continue to receive practical experience in order to pass the required Part 3 test.

17. Therefore I am not persuaded the Registrar’s decision was wrong. The appeal is therefore dismissed and the Respondent’s decision of 17 September 2025 is upheld.