Arman Quddos Chowdhury v Registrar of Approved Driving Instructors

Introduction

1. The Appellant is a trainee driving instructor who had a trainee licence under section 129 of the Road Traffic Act 1988 (the “Act”), for a six-month period spanning 25 November 2024 to 24 May 2025. He was refused a second trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 2 July 2025 . The Appellant now appeals that decision.

2. What follows is a summary of the submissions, evidence and law. It does not seek to provide every step of my reasoning. The absence of a reference to any specific submission or evidence does not mean it has not been considered. Legal Framework

3. The Appellant's name is not on the Register of Approved Driving Instructors ("the Register") and is therefore prohibited from giving paid driving instructions by section 123 (1) of the Act unless he holds a trainee licence issued by the Registrar pursuant to section 129(1) of the Act .

4. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. A trainee 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.’

5. In order to qualify as an Approved Driving Instructor, applicants must pass the ‘Qualifying Examination’ comprised of three parts: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’).

6. The whole qualifying examination must be completed within two years of passing Part 1, and only three attempts are allowed for each Part, failure to comply with either of these requirements results in the whole examination needing to be retaken.

7. 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. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

8. By section 129(3) of the Act : "The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."

9. By section 129(8) (c) of the Act : "before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."

10. By section 129(6) of the Act :- "Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, 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— (a)until the commencement of the new licence, or (b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."

11. 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.

12. 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. The Appeal

13. The Appellant’s notice of appeal dated 15 July 2025 relies on the following grounds as reasons for the appeal: ‘First reason was I did not complete my additional training within first 3 months of receiving y trainee license. I can confirm 95% of the additional training were done within the first 3 months of y trainee license. Only remaining 2 hours of training were done late due to unavailability of my trainer. But were completed within the first 6 months. Due to current situation with DVSA’s back log of test dates I wad only able to take my part 3 test once on 11 th of April 2025 during the first 6 months period of my trainee license. I have booked my second attempt for my part 3 test on hold on the 7 th of May 2025 and have been waiting for a test date since. Second reason The Registrar mentioned, I was granted 2 trainee licenses of 6 months duration is not correct. I was only issued with 1 trainee license and my first trainee license was granted on the 24 th of December 2024. Which expired on the 24 th of May2025 and I made an application for a second trainee license on 14/05/2025. Since obtaining my trainee license, I have consistently worked to improve my instructional skills and uphold the standards expected of an Approved Driving Instructor. I have now completed full training, and I have maintained a strong commitment to professionalism, safety and learner support. During my trainee licence period, I have built an extensive database of learners and have developed a strong rapport and routine with them. Many of my pupils have made steady progress under my instruction, and a number of them have passed their driving test at first attempt and few are currently preparing to take their practical driving test under my training vehicle’.

14. The Registrar’s notice of refusal dated 2 July 2025 states the reasons for the refusal as: a. The Appellant failed to comply with the conditions of the first licence. b. The Appellant had already been granted a trainee licence of six months duration which is considered to be a more than adequate period of time. c. It was not Parliament’s intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.

15. The Registrar’s statement of case dated 13 October 2025 resists the appeal. The Registrar states that: a. 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 (para 6(i)). b. 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 (para 6(ii)). c. Since passing his driving ability test the Appellant has failed the instructional ability test once (Annex A). Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (para 6(iii)). d. 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 Approved Driving Instructor 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 (para 6(iv)).

16. Following enquiries with the Respondent, it was confirmed that the Appellant failed the Part 3 test booked for 15 th October 2025. The Appellant has his final attempt at the instructional ability test booked but is awaiting an available date. The evidence

17. I considered a bundle of evidence containing 41 electronic pages, including the Appellant’s full trainee licence history from the registrar.

18. The Appellant indicated that he was content for his appeal to be heard without an oral hearing. I am satisfied that I can properly determine the issues without a hearing within rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended). Conclusions

19. I have considered the Appellant’s points of appeal. I accept the circumstances set out by the Appellant.

20. Nevertheless, despite it being a common misunderstanding, it is not the case that individuals are entitled to continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis this is an adequate period to prepare for the Part 3 Test, and it is not necessary to hold a Trainee Licence in order to either prepare for or to take the Part 3 test.

21. I note that the Appellant has already had the benefit of a trainee licence covering a period of six months from 25 November 2024 to 24 May 2025. Additionally, by applying for a second trainee licence the Appellant has had the benefit of s.129(6) (b) of the Act extending the second trainee licence until this appeal is disposed of (i.e. a period of 8 months).

22. I further note that had the second trainee licence been granted this would have expired at the beginning of November 2025, ie before the consideration of this Appeal.

23. I also note that the Appellant passed his Part 1 test on 8 May 2024 and so the two-year period within which he must have passed both the Part 2 and Part 3 tests will expire by 7 May 2026 – i.e. in 4 months time (the Appellant does not seem to have any further tests booked before this date).

24. The Appellant has therefore had the benefit of being able to train by giving instruction for payment for an additional period of 8 months – this is a longer period than if his extension had been granted (which would have been 6 months).

25. I am not persuaded that the Registrar’s decision was wrong in any way. In all the circumstances, the appeal is dismissed. Signed Tribunal Judge Kiai Date: 23/01/2026