KAUKAB JABIN MIRZAAppellantTHE REGISTRAR OF APPROVEDRespondentDRIVING INSTRUCTORSRespondentDecision: The appeal is dismissed with immediate effect.REASONS
Background to Appeal
[1]This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made 19th February 2026 to refuse to grant the Appellant a third trainee licence.[2]The Appellant was a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 http://www.legislation.gov.uk/ukpga/1988/52/part/V/crossheading/licences (‘the Act’) for a six-month period, then another, but was refused a further licence at the end of the relevant period.[3]The Registrar’s reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a third trainee licence was therefore refused.[4]The Appellant appeals the Registrar’s decision.
Appeal to the Tribunal
[5]Appeal to the Tribunal The Appellant’s Notice of Appeal dated 5th March 2026 indicates that she had low mood and anxiety brought about by the lack of Part 3 tests, which has impacted upon her ability to train. She indicates that she visited her GP and was signed off as it all “got too much for her.” Her position has improved and as a result she asks for a “third badge”.[6]The Respondent submitted a Response indicating that the decision letter sets out their position. The Registrar points out that the Applicant has failed to provide sufficient indication of a lack of training opportunity, and as a result no further licence was appropriate. A second licence was granted following evidence that she had been signed off for a month.[7]The Registrar indicated the Appellant has failed her Part 3 exam once. A test was due to take place on 27th July 2026 but the result was unknown. She has been licensed since 3rd February 2025, a period including the appeal time of some 18 months, effectively 3 licences already.
Mode of Determination
[8]Mode of Determination The case was listed for oral hearing, and heard via the CVP system. 9. The Appellant attended and was unrepresented. 10. The Respondent did not attend. 11. The Tribunal considered a bundle consisting of 24 pages.
Evidence
[12]The Appellant said she booked her first Part 3 very early but her trainer said she wasn’t ready so it was put back twice. She tried her first Part 3 and unfortunately was not successful. On that day she booked her second attempt, but had to cancel it as her health was affected.[13]On 27th July 2026 she tried her second attempt but again was unsuccessful. She is currently on hold for her third attempt.[14]The Appellant said her training has not been consistent due to her trainer being terminally ill and requiring chemo treatment. She said that she has tried to get further training but there was little availability. She did find some a distance away but it required her students to give up not just there 2 hour lesson time but also the time to travel to the Appellant’s trainer, which often was a significant part of the student’s day. It proved impracticable.[15]The Appellant said she was instructing part time averaging about 8-10 sessions of 2 hours each per week. She said she had another job as a qualified mortgage broker, and was therefore not reliant on her licence.[16]She said she had had 17 passes in 14 months, a number of those being first time passes or where pupils had transferred from a different instructor due to them not getting on with each other.[17]She said she just needed more time to take her Part 3 and she expressed concern about her current pupils if she was not able to complete their training.
The Law
[18]The Law 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 s. 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005 http://www.legislation.gov.uk/uksi/2005/1902/pdfs/uksi_20051902_en.pdf .[19]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 ’.[20]In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: 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 whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken.[21]If a candidate has passed part 2, they may be granted a trainee licence. However, holding a trainee licence is not a prerequisite to qualification as an Approved Driving Instructor and many people qualify as an Approved Driving Instructor without having held a trainee licence.[22]The powers of the Tribunal in determining this appeal are set out in s. 131 of the Act. The Tribunal may make such order as it thinks fit.[23]When making its Decision, the Tribunal stands in the shoes of the Registrar of approved Driving Instructors and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar’s decision See R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31. http://www.bailii.org/ew/cases/EWCA/Civ/2011/31.html. Approved by the Supreme Court in Hesham Ali (Iraq) v Secretary of State for the Home Department[2016] UKSC 60 at paragraph 45 – see https://www.supremecourt.uk/cases/docs/uksc-2015-0126-judgment.pdf. 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.
Conclusion
[24]Conclusion The Tribunal considered carefully all the papers before it.[25]In fixing a period of 6 month to allow for trainee instructors to progress Parliament must have had in mind that we are all subject to differing life events that affect our ability to undertake certain tasks. Sometimes those events are so unusual or have such a bearing on an individual that it will be entirely appropriate to find that a longer than normal period of time should be allowed to complete a task. Here the Appellant indicates that panic attacks and anxiety led to a month off work, however a second licence was granted to allow for the short fall in training.[26]She also said that her training had been inconsistent due to the health of her own trainer.[27]The Appellant has already had in effect the time 3 trainee licences would permit and therefore has had plenty of opportunity to train. The deficiencies in training opportunities are more than compensated for in my view by the time elapsed so far.[28]The licence is granted to allow an individual to train, here the Appellant has had that opportunity and more. In all the circumstances, the Tribunal finds that the Registrar’s initial decision was correct, and the appeal fails.
HHJ David Dixon
[29]The grant of a licence is simply provides an opportunity to train. It does not guarantee a livelihood, a guarantee of passing the exams or more. It is simply the opportunity to train. Here the Appellant has had that opportunity and more. The refusal is entirely proportionate as a result. The Appellant has other sources of income and therefore refusal is not a factor of personal note.[30]Whilst the Tribunal therefore finds that the Appeal must be dismissed, this does not preclude the Appellant from taking her Part 3 examination. The Tribunal wishes the Appellant well in any exam to come, if the Appellant opts to take it.[31]This appeal is dismissed with immediate effect. (Signed) HHJ David Dixon 29. DATE: 14th August 2026