Mohammed Imran Iqbal v The Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 03 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 29 July 2024 and 28 July 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, submissions to the Respondent 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 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘Rule’). 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 a licence can be granted are set out in section 129 of the Act , and the Motor Cars (Driving Instruction) Regulations 2005 (“the Regulations”).

5. In order to qualify as an Approved Driving Instructor, applicants 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 2 and Part 3 tests must be successfully completed within two years of passing Part 1 (unless the Part 3 test is booked before expiration of the two years) failing which the whole Qualifying Examination must 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 of the Qualifying examination. However, holding a trainee licence is not necessary in order to take the Part 3 test or qualify as an Approved Driving Instructor.

8. Pursuant to section 129(6) of the Act , “ 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 shall not expire […] if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of the Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of”.

9. Regulation 14(b) of the Regulations provides “ [a] licence shall remain in force until […] the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt” .

10. 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) ). When making its decision, 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. Chronology

11. The Appellant passed Part 1 of the Qualifying Examination on 14 February 2024. The Appellant passed Part 2 of the Qualifying Examination on 22 May 2024. The Appellant applied for two trainee licences which were granted and were valid between 29 July 2024 and 28 July 2025.

12. On 15 July 2025, the Appellant applied for a third trainee licence. As the Appellant applied before the previous licence expired, they continued to be the beneficiary of a trainee licence.

13. The Appellant took and failed their first and second attempt at the Part 3 test on 14 October 2024 and 11 November 2025 respectively.

14. On 12 February 2026 the Respondent filed a GRC5 application seeking a strike out of these proceedings pursuant to Rule 8(3)(c) on the basis that, on 11 February 2026, the Appellant failed his third attempt at the Part 3 test. The Appellant was provided with a copy of the application to strike out on that date. Evidence

15. 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. I have also considered the Respondent’s application to strike out. 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. Conclusions

16. I have sympathy with the Appellant’s submission regarding the difficult personal circumstances they have experienced during their period of training. However, a person who has failed the Part 3 test on three occasions is not permitted to hold a trainee licence. The Respondent has confirmed to the Tribunal that the Appellant has now had three failed attempts at the Part 3 test. Whilst no formal directions were made by the Tribunal inviting a response to the application to strike out, the Appellant is aware of the application and has not challenged the assertion nor provided evidence to show that they have not failed their third attempt. I therefore accept the Respondent’s submission on this point.

17. Parliament has decided that neither the Registrar nor the Tribunal can grant the Appellant a trainee licence in these circumstances. The Appellant’s appeal is therefore dismissed and the Respondent’s decision of 03 September 2025 is upheld. Signed Judge Arnell Date: 16 March 2026