Muhammad Sameer v The Registrar of Approved Driving Instructors

1. This appeal is brought by the Appellant pursuant to section 131(2) (a) Road Traffic Act 1988 (" the Act "). It relates to a decision made by the Respondent ("the Registrar") dated 15 July 2025 ("the Decision") to refuse the Appellant's application for a third (trainee) Licence.

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

3. In his appeal form the Appellant indicated he wished the matter to be decided without a hearing and by email of 19 January 2026 he confirmed this position. The Registrar, also on the 19 January, said that they were happy for the case to be dealt with on the papers. Having considered the overriding objective in rule 2 The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and rule 32 2009 Rules I am satisfied that the issues can be properly determined without a hearing. Law

4. The Appellant's name is not on the Register of Approved Driving Instructors ("the Register") and he is therefore prohibited from giving paid (as defined) driving instructions by section 123 (1) of the Act unless he holds a Licence issued by the Registrar pursuant to section 129(1) of the Act and in accordance with The Motor Cars (Driving Instruction) Regulations 2005.

5. To qualify as an Approved Driving Instructor ("ADI") an applicant is required to pass a Qualifying Examination. This is in 3 parts namely part 1 being a written examination, the driving ability and fitness test in part 2 and the instructional ability and fitness test in part 3. Three attempts are allowed at each part.

6. A Section 129(1) Licence may be granted by the Registrar once an applicant has passed part 2. This 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 referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct." A Licence relates to the provision of paid (as defined) instruction and is not required to be permitted to take part 3.

7. 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." If he does so he must tell the applicant and give particulars of the grounds on which he is considering the refusal. The applicant may make representation within certain time limits and by section 129(8) (c) of the Act "before deciding whether or not to refuse the application" the Registrar must take any such representations into consideration.

8. By section 129(4) of the Act if such an application is refused the Registrar must give notice of that in writing to the applicant and provide the grounds of refusal and 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." Role of the Tribunal

9. Section 131(2) of the Act provides that "A person who is aggrieved by a decision of the Registrar—(a)to refuse an application for the grant of a licence under this Part of this Act ...may appeal to the First-tier Tribunal."

10. Section 131(3) of the Act provides that the Tribunal may make such order:- ( a)for the grant or refusal of the application or, (b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence, (as the case may be) as it thinks fit.

11. The Appellant has the burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong and conclusions are reached on the balance of probabilities. When making its decision, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available, giving appropriate weight to the Registrar’s decision being the person tasked with making such decisions (see Hope and Glory Public House Ltd, R (on the application of) v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31 (26 January 2011). It is not the role of the Tribunal to carry out a procedural review of the Registrar's decision-making process but it does need to consider all the circumstances. Evidence and matters considered

12. For this appeal I considered a bundle of 24 p df pages. Chronology

13. From the content of the bundle I find that:- (a) the Appellant passed part 1 on 18 May 2024 and part 2 on 22 May 2024. (b) on 17 June 2024 he was granted a Licence. (c) in about December 2024 he was granted a second Licence. (d) on 3 April 2025 he took part 3 for the first time but failed. (e) on 22 May 2025 the Appellant applied for a third Licence. (f) on 12 June 2025 the Registrar indicated he was considering refusing the third Licence. (g) on 16 June 2025 the second Licence was due to expire. (h) on 17 June 2025 the Appellant made representations. (i) also on 17 June 2025 a second test date was cancelled by the Appellant. (j) on 15 July 2025 the Registrar notified the Appellant of the Decision to refuse a third Licence.

14. This appeal, against the Decision, was commenced on 24 July 2025. Thereafter:- - (a) on 17 October 2025 the Appellant had a third test date. He took it but failed for a second time. (b) on 7 November 2025 he had a fourth test date, at which he would have been seeking to pass on his third (and final) attempt, but he cancelled it. (c) on 25 November 2025 the Registrar responded to the appeal. The Appellant's position

15. In his representations on 18 June 2025 the Appellant referred to difficulty getting a part 3 test. In his appeal form on 24 July 2025 he said that there was a lack of tests, without a Licence he cannot "lawfully teach and prepare for the next available part 3 slot” and granting a Licence will allow him to complete his ADI qualification. The Registrar's position

16. The Registrar says in summary in his response that:- (a) the Appellant has provided " no evidence of lost training time or a lack of pupils and has had the benefit of two trainee licences for twelve months." (b) a Licence is not to be used as an alternative to registration nor to enable an applicant to teach for however it takes to pass part 3. (c) the Appellant had 12 months with a Licence which is long enough to pass part 3 and by section 129(6) the Appellant has continued with his Licence pending the outcome of this appeal. (d) the Appellant has failed part 3 twice and cancelled a further two test dates. (e) "the refusal of a third 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."

17. The Registrar also said that (as at the date of his response on 25 November 2025) "It should be noted that the Appellant has not yet booked his final attempt at the instructional ability test." Review

18. The Appellant was first granted a Licence on 17 June 2024. Despite the third application being refused the Appellant has been able, since and despite the Decision, to continue as a paid driving instructor with the benefit of a Licence pending the outcome of this appeal by section 129(6) of the Act . The Appellant has therefore, as at the date of this appeal, had the benefit of a Licence for over 19 months and had he been granted a third Licence it would have expired prior to the appeal hearing.

19. Even if there was some difficulty in getting a test date, which I accept there can be, by the time of the expiry of the second Licence he did have a part 3 test, a second one was booked for about the same day the second Licence expired and despite the concerns raised it appears that he has (by the time of this appeal) now had four test dates but cancelled two of them.

20. A Licence is not needed to be permitted to take part 3 or to provide "unpaid" lessons and the statutory purpose for having a Licence is as set out in section 129(1) of the Act which does not include having one up until a successful or final attempt at part 3.

21. I took account of and gave weight to the Registrar's view. The Registrar did consider the representations made. There was no material information provided about which the Registrar was not aware when making the Decision. The Decision was proportionate. T he Appellant has not persuaded me that the Registrar’s decision was wrong. Decision

22. For the reasons set out above the appeal is dismissed. Signed Judge Heald Date: 22 January 2026