Ubayd Ansari v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (the “Registrar”) made on 1 September 2025 to refuse to grant the Appellant a second trainee licence.

2. The Appellant is trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the “Act”), for one six-month period from 10 February to 9 August 2025. He was refused a further licence. The Appellant now appeals the Registrar’s decision.

3. The proceedings were due to held by video (CVP). No parties attended the hearing. The Tribunal attempted to call the Appellant and was directed to voicemail. The Appellant had not informed the Tribunal that he would not be attending the hearing. In the circumstances I have decided the appeal based on the papers in the absence of the parties. The Appeal

4. The Appellant’s Notice of Appeal dated 13 September 2025 relies on the grounds that his original Part 3 test date was given to him too early, after only a month of real life experience. Due to the backlog nothing was available when he felt ready to take the test, and he was on hold when he received the decision letter about the trainee licence.

5. The Registrar’s Statement of Case dated 4 December 2025 resists the appeal. The Registrar says that the application for a second trainee licence was refused, because he had failed to comply with the conditions of the first trainee licence, having received training from a school other that named on his trainee licence. The Registrar also says that the purpose of the licence is not to enable the instructor to teach for however long it takes to pass the Part 3 test. The Appellant has failed the test once and cancelled a test booked for 25 April 2025. The Registrar says that the Appellant can still attempt the test and obtain unpaid experience without a further licence. The Registrar also says that he has another attempt booked for 16 February 2026.

6. The Appellant did not provide a Reply. The law

7. 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 section 129 of the Act and the Motor Cars (Driving Instruction) Regulations 2005.

8. 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 ”.

9. In order to qualify as an Approved Driving Instructor, applicants must 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 whole examination must be completed within two years of passing Part 1, otherwise the whole examination has to be retaken.

10. A candidate may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to qualify as an Approved Driving Instructor, and many people qualify without having held a trainee licence.

11. 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) ). 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. The evidence

12. I have considered a bundle of evidence containing 23 pages.

13. This includes evidence of the Appellant’s full licence history from the Registrar. This shows that the Appellant cancelled his first attempt at the Part 3 test on 25 April 2025, and failed an attempt on 23 October 2025.

14. I have also seen a copy of the Appellant’s original training licence and instructor training declaration. The licence names Driver Training Midlands, ADI number 319665, as the approved driving instructor providing training. The declaration names a Mr Iqbal, ADI number 830511. Conclusions

15. The Registrar’s main reason for refusing a second trainee licence is that the Appellant had failed to comply with the conditions of the first trainee licence. I can see from the documents in the bundle that the instructor training declaration dated 2 August 2025 names a different instructor to that on his licence. The Registrar says this is in breach of the licence conditions.

16. I also note that the Appellant has already had the benefit of one trainee licence covering a period of 6 months which is adequate to prepare for the Part 3 test. He is able to continue to gain experience and take the test without a trainee licence. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken. He has been able to attempt the test again after submitting this appeal, because the licence has remained in force until this hearing.

17. Based on the documents, the Appellant has not persuaded me that the Registrar’s decision was wrong in any way. In all the circumstances, I agree with the Registrar’s decision and I now dismiss this appeal.