Driving Instructor Licence Denied: Tribunal Upholds Registrar's Decision

Introduction

The First-tier Tribunal (General Regulatory Chamber) recently delivered its decision in the case of Musawar Ahmed Saleem versus the Registrar for Approved Driving Instructors. The case centred on the refusal of a third trainee licence application by the Registrar, a decision which the Tribunal upheld.

Legal Framework

Under the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence allows applicants to provide driving instruction for payment before they are fully qualified. To qualify as an Approved Driving Instructor, candidates must pass a three-part Qualifying Examination, with a maximum of three attempts per part within a two-year period.

A trainee licence is intended to provide practical experience in instructing, with the Tribunal empowered to make decisions based on the evidence presented, while respecting the Registrar's initial decision.

Factual Background

Mr Saleem passed Part 1 and Part 2 of the Qualifying Examination in 2023 but failed Part 3 twice later that year. He was granted two trainee licences, valid from July 2023 to July 2024. After applying for a third licence in June 2024, the Registrar considered refusal, citing that Mr Saleem had sufficient time to gain the necessary experience.

Registrar's Decision

The Registrar's refusal was based on several factors, including Mr Saleem's awareness of his vehicle's condition before applying for the second licence and his failure to pass Part 3 despite having two trainee licences over twelve months. The Registrar emphasised that the trainee licence system should not replace full qualification as an Approved Driving Instructor.

Appeal Grounds

Mr Saleem's appeal cited a motorway accident in Belgium, which left him without a car from December 2023 to February 2024, impacting his ability to gain experience. He argued that delaying the second licence application could have jeopardised its timely approval.

Tribunal's Decision

The Tribunal, led by Judge Bridget Sanger, found that Mr Saleem had not demonstrated that the Registrar's decision was incorrect. The Tribunal acknowledged the accident but noted alternative options available to Mr Saleem, such as delaying his second licence application.

Conclusion

The Tribunal concluded that the trainee licence is not a substitute for passing the Qualifying Examination. Mr Saleem can continue to prepare for Part 3 without a trainee licence. The appeal was dismissed, affirming the Registrar's decision.

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