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	First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Ahmad v Registrar of Approved Driving Instructors [2025] UKFTT 362 (GRC) (27 March 2025) URL: https://www.bailii.org/uk/cases/UKFTT/GRC/2025/362.html Cite as: [2025] UKFTT 362 (GRC)

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First-tier Tribunal
(General Regulatory Chamber)
Transport

		Decided without a hearing
		Decision Given On: 27 March 2025

Decision: The appeal is Dismissed.

The Decision of the Respondent dated 16 August 2024 is confirmed.

REASONS
1. The appellant appeals against the decision made by the Registrar of Approved Driving Instructors (the Registrar) on 16 August 2024 to refuse his application for a trainee licence. The appeal was listed for determination on the papers only, with the agreement of the parties.
2. The appellant had been granted a previous trainee licence, which was valid from 12 February 2024 to 11 August 2024. On 17 July 2024 the appellant applied for a second trainee licence.
3. On 31 July 2024 the respondent notified the appellant that consideration was being given to refusing his application. He was invited to make representations.
4. The appellant made representations on 7 August 2024. He stated that he had been waiting for a test date for a long and had recently failed his first attempt at the Part 3 examination. He wished to have a second trainee licence to get more experience. He stated that he had not used his first licence for the first two months because he did not have a car and was on holiday, but that he had now made commitments to his client which would help him gain more experience and help him financially.
5. The respondent gave the following reasons for the decision made on 16 August 2024:

a. The appellant had failed to comply with the conditions of his first licence.

b. The appellant had the benefit of a trainee licence for a period of 6 months, which is considered sufficient time to enable an Approved Driving Instructor ('ADI') applicant an opportunity to give driving instruction while attempting to become an ADI

c. Parliament's intention was not to licence candidates for as long as it takes them to pass the examination.

d. The trainee licence must not become an alternative to registration as a fully qualified ADI.

e. It is not necessary to hold a trainee licence in order to sit the part 3 examination.

6. The appellant lodged a notice of appeal dated 25 August 2024. In his notice of appeal, the appellant does not explain why he considers that the respondent's decision is wrong. He states that the ADI trainer he had been with did not mention the condition on his licence to him, as the appellant was the first trainee that trainer had supervised. He said that there were no part 3 tests available and he wished to have a trainee licence, but that he cannot search for an alternative career because he has to pay for his car, insurance, family and other commitments.
7. The respondent in its response dated 12 September 2024 reiterated the above reasons for refusal. In addition, it clarified that the appellant has failed to comply with the conditions of his first licence because he has returned form ADI 21AT but has not completed all training objectives. The appellant also appears to be using his trainee licence as a source of income.
8. The circumstances in which a person may be granted a trainee licence are set out in Section 129 of the Road Traffic Act 1988 (the Act) and the Motor Cars (Driving Instruction) Regulations 2005 (the Regulations).
9. The appellant's right of appeal and the powers of the Tribunal to determine this appeal are set out in s.131 of the Act. The Tribunal will make a fresh decision on the evidence before it and may make such order as it thinks fit.
10. It is for the appellant to show on balance of probabilities that the respondent's decision was wrong.
11. The essence of the respondent's decision is that the appellant failed to comply with the conditions of his first licence and has been provided, under his previous licence, with more than adequate time to sit the required tests to become an ADI. The appellant has already had a trainee licence, and because the application for his second licence was made before the expiry of his first licence, he has had the benefit of a continuing licence while his appeal has been pending (making, in effect, a total of over 13 months of having the benefit of a trainee licence). The appellant can continue to provide instruction, so long as it is without payment, if he considers that he needs further experience before sitting the test or undertake further training or study or train with an ADI.
12. In relation to the other points raised by the appellant, the Tribunal notes that it is not the responsibility of an ADI trainer to ensure that the trainee understands the terms of the trainee licence including any conditions. The Tribunal also noted that the appellant said that he did not use his trainee licence for the first two months, but that he provided no evidence of lost training time, so it gave no weight to this.
13. In reaching its decision, the Tribunal has taken into account all the evidence submitted to it in advance of the hearing and considered all the circumstances relevant to this appeal.
14. In all the circumstances, the Tribunal finds that the appellant has not persuaded it that the Registrar's decision was wrong in any way and accordingly dismisses the appeal.

Signed Judge Harris

Date: 27 March 2025