Zeshan Javed v The Registrar of Approved Driving Instructors

1. This is an Appeal against the decision of the Registrar dated 1 October 2025 that the Appellant should not be granted a second 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 a trainee licence valid from 3 March 2025 to 2 September 2025.

15. The Appellant applied for a further trainee licence on 21 August 2025 , and in an email dated 28 August 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 on the same day. The Registrar wrote to the Appellant by email dated 1 October 2025, refusing the application.

16. The Appellant appealed to the Tribunal. The Appeal

17. The Appellant submits that: a. he has had a difficulty getting enough students, and cannot train appropriately for the test; b. he experienced a significant delay in the booking of his Part 3 test due to a lack of availability of test slots; c. his trainer advised him to wait until he had a test booking before starting training; and d. his understanding is that the Registrar usually provides a second licence, and six months is not enough time to prepare for the test.

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 second licence before the expiry date of the first, that licence remained in force and would allow him to continue to give paid instruction until determination of the Appeal;

19. 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; a. the refusal of a second 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.

20. The Registrar submits that the Appellant has not yet booked a third Part 3 test, while the Appellant submits that he has applied for one and is on hold awaiting a date. Discussion

21. The Appellant submits that he has experienced difficulties and delays in securing students, undertaking training, and arranging test slots. He says that he was advised by his trainer not to begin training until he had secured a test slot. This appears to have been bad advice, but this is not the responsibility of the Registrar.

22. The Appellant has not presented any evidence that he has lost significant amounts of training time due to factors outside of his control.

23. In his notice of appeal, the Appellant describes his circumstances as exceptional. Unfortunately, the difficulties which he has experienced are matters which are inherent in the process of training to become an approved driving instructor.

24. As noted by the Registrar, by virtue of his appeal the Appellant has had the benefit of additional training time, which has now extended in total to more than 12 months since the initial grant of his licence. Conclusion and decision

25. Having considered the matters set out above, I find that, although the Appellant experienced difficulties in finding enough students and delays in securing test slots, this does not outweigh the Registrar’s reasons for refusing the Appellant a second trainee licence.

26. Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal. Signed Date: Judge Maton 16 March 2026