Mohammad Yasin v Registrar of Approved Driving Instructors [2026] UKFTT 1234 (GRC)
[1]The appeal was listed as a Cloud Video Platform hearing at 4.00 pm. Neither the Appellant nor a representative of the Respondent joined the hearing. The Respondent had indicated that an oral hearing was not required. The Tribunal Clerk telephone the Appellant in the morning and spoke to the Appellant who stated that he intended to attend the hearing. When the Appellant failed to join the hearing at 4.00 pm the Tribunal Clerk rang the Appellant who answered the call but did not speak. The Appellant rang a third time and the Appellant did not answer the call. No message was received from the Appellant.[2]The Tribunal was satisfied that it was just and fair to proceed in the absence of the Appellant and without a representative of the Respondent having considered rules 2 and 36 of The Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, as amended. Notice of the hearing has been sent to the Appellant and the Respondent together with instructions for joining the hearing. The Appellant confirmed to the Tribunal Clerk that he was aware of the hearing. The Tribunal considered a bundle containing 38 pages.Relevant Legislation
[3]Relevant Legislation To qualify as an Approved Driving Instructor (“ADI”), 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 Qualifying Examination has to be retaken.[4]If a candidate has passed Part 2, they may be granted a trainee licence. 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 Road Traffic Act 1988 (“the Act”). However, holding a trainee licence is not a prerequisite to qualification as an ADI and people qualify as an ADI without having held a trainee licence.[5]The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. S.123(1) of the Act prohibits the giving of instruction paid for, by or in respect of a pupil, in the driving of a motor car unless the instructor’s name is on the Register of Approved Driving Instructors or they are the holder of a current licence issued under s.129(1) of the Act.[6]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.[7]When making its decision, the Tribunal stands in the shoes of the Registrar of Approved Driving Instructors, the Respondent, and takes a fresh decision on the evidence available to it, giving appropriate weight to the Respondent’s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Respondent’s decision was wrong rests with the Appellant.Background
[8]Background The Appellant is not now and has never been on the said Register.[9]A licence under s.129 of the Act was granted to the Appellant for the purpose of enabling him to gain practical experience to undergo the examination of his ability to give instruction in the driving of motor cars. The licence was valid from 16 June 2025 to 15 December 2025.[10]On 11 December 2025 the Appellant applied for a second licence. By way of an email dated 15 December 2025 the Appellant was notified that the Respondent was considering the refusal of his application for a third licence. By way of an email dated 5 January 2026 the Appellant made representations. The Appellant stated that his training was delayed due to medical circumstances which affected his availability.[11]After considering these representations the Respondent decided to refuse the Appellant's application on 29 January 2026.[12]The Respondent in the response gave the following reasons:[13]a. the Appellant has failed to comply with the conditions of holding a trainee licence. Part 5 (15)(3)(a) of The Motor Cars (Driving Instruction) Regulations 2005 states that a minimum of 20 hours of training must be completed within the first three months of the validity of his licence. The Appellant only completed 10 hours of training within the 3-month time frame;b. some of the medical evidence the Appellant provided predates the issue of the licence. He could have delayed his initial application for the licence;c. 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;d. 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 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 has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal;e. since passing his driving ability test, the Appellant has failed the instructional ability test twice and cancelled two more such tests booked for 19 December 2025 and 22 April 2026. Despite ample time and opportunity, the Appellant has not been able to reach the required standard full qualification as an ADI; andf. the refusal of a second licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. 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. The Appellant could attend a training course, or study and practice with an ADI or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all. The Respondent stated that it should be noted that the Appellant had his final attempt at the instructional ability test booked for 13 August 2026. If the test went ahead, then the regulations determine that any appeal is bound to fail as a trainee licence can only be issued in order that an individual can gain the practical experience required to take the test.Appeal to the Tribunal
[14]Appeal to the Tribunal In an email dated 24 December 2025, the Appellant put forward the following representations: I am writing further to your letter dated 15 December 2025 regarding my application for a trainee driving instructor licence under Section 129 of the Road Traffic Act 1988 (PRN: 904236). This email constitutes my formal representations under Section 129(8), explaining why I respectfully believe my application should not be refused. Reason for Late Completion of Training Hours I acknowledge that some of the required 20 hours of supervised training were completed later than the initial three-month period ending 16 September 2025. This delay was due to genuine and unavoidable medical circumstances which temporarily affected my availability. During this period, I was undergoing ongoing investigations and treatment under Kingston and Richmond NHS Foundation Trust for gastrointestinal conditions, including acid reflux and dyspepsia. These required multiple hospital appointments, diagnostic procedures, medication reviews, and follow-up consultations, which directly impacted my ability to complete training within the original timeframe. Independent Medical Evidence Provided To verify these circumstances, I am attaching independent NHS evidence, including but not limited to: - Gastroenterology clinic correspondence (June 2025 onwards) - Hospital appointment confirmation letters (June–October 2025) - Endoscopy and colonoscopy reports - GP and hospital letters confirming ongoing investigations - NHS prescription records showing continuous medication - Follow-up outpatient appointment letters These documents demonstrate that my medical condition and treatment were ongoing throughout the relevant period and were outside of my control. Compliance and Training Quality Despite these health-related interruptions: - I completed the full minimum requirement of 20 hours of supervised training - All training was properly supervised by a registered ADI - Training was accurately recorded on form ADI21AT - The standard and effectiveness of the training were not compromised My supervising ADI has confirmed this in writing, and that confirmation is enclosed. ADI Part 3 Test Status I would also like to confirm that my ADI Part 3 test has already been booked and the required fee paid. However, the test date is currently on hold pending the outcome of this trainee licence application. Approval of my trainee licence will allow me to proceed appropriately with the final stage of the ADI qualifying process. Request for Consideration I respectfully request that the Registrar takes these verified medical circumstances into account and considers that the delay was unavoidable, temporary, and fully supported by independent evidence. I remain fully committed to completing my ADI qualification and progressing to the final Part 3 examination, and I kindly ask that my application for a new trainee licence be approved.[15]In his appeal in form GRC1 dated 12 February 2026 the Appellant put forward the following: Conclusion[16]a. he asks that the appeal be allowed and a further trainee driving instructor licence be granted;b. the decision to refuse his second trainee licence is wrong and disproportionate in the circumstances of his case;c. the delay in completing his training and taking his Part 3 examination was not due to a lack of commitment or misuse of the training licence system;d. during his first trainee licence, he experienced significant health issues which affected his ability to continue training as planned;e. he has provided medical evidence to the Respondent and demonstrated that his health condition impacted on his ability to complete training within the expected time frame. The Tribunal found that having passed the Part 2 test on 25 April 2025, the Appellant was granted a licence which was valid from 16 June 2025 to 15 December 2025. The Appellant failed the Part 3 test on 2 April 2026 and 21 May 2026 and cancelled the Part 3 tests booked on 19 December 2026 and 22 April 2026.[17]On the basis of the medical evidence submitted, the Tribunal found that the Appellant was suffering from a long standing health condition, that he was referred for investigations upon worsening in November 2024 and that he received medical treatment under the supervision of his medical advisers. Investigations revealed nothing unremarkable and there was no sinister pathology found in November 2024. He was prescribed medication from at least May 2025 and his medical adviser recommended, in June 2025, that the condition be treated conservatively with dietary and lifestyle measures. He had a severe worsening episode between June and October 2025 which interfered with his training as confirmed by his GP.[18]The Tribunal found that since 16 June 2025 the Appellant has completed at least 20 hours of instructional training which was delivered to a satisfactory professional standard. In the opinion of Waqi Ahmed, ADI, the Appellant met the intent and substance of the training requirements. Notwithstanding his health problems the Appellant was able to complete 20 hours of training between 20 June 2025 and 11 December 2025. The Tribunal found that the Appellant had good reason for not completing 20 hours of training within the first 3 months of the licence starting[19]The Appellant has already had the benefit of a trainee licence covering a period of 6 months during which he completed 20 hours of training. The Tribunal found that this was adequate time to prepare for the Part 3 test. He is able to continue to gain experience and take the Part 3 test without a trainee licence. His licence has continued pending the determination of his appeal. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken. The Tribunal has taken into account the Appellant’s representations and finds he had ample opportunity to practice for the Part 3 test notwithstanding his health problems.[20]The Appellant was booked to take his Part 3 test for the third time on 13 August 2025. If the test did go ahead as planned the appeal must fail in any event as this was his third attempt and a trainee licence can only be issued in order that the Appellant can gain the practical experience required to take the test.[21]The Tribunal found that in all the circumstances there is not sufficient evidence of significant gravity presented to upset the Respondent’s decision and accordingly the appeal is dismissed. Signed: Date: 19 August 2026 J Findlay Judge of the First-tier Tribunal